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Copyright 2000 The Chronicle Publishing Co.  
The San Francisco Chronicle

MAY 9, 2000, TUESDAY, FINAL EDITION

SECTION: EDITORIAL; Pg. A26; EDITORIALS

LENGTH: 388 words

HEADLINE: Washington Must Act To Fight AIDS in Africa

BODY:
TEN DAYS AGO, Sen. Dianne Feinstein, D-Calif., got up on the Senate floor and excoriated drug companies for trying to "squeeze every last drop of profit from the suffering of millions of HIV/AIDS victims in Africa."

An incensed Feinstein was reacting to the prospect that a House-Senate conference committee would remove an amendment to the Africa Growth and Opportunity Act she and Sen. Russell Feingold, D-Wis., had sponsored, essentially allowing developing countries to bypass the prices set by drug companies on anti-AIDS drugs and produce them at a much cheaper rate.

Feinstein was particularly incensed by one drug, fluconazole, marketed by Pfizer as Diflucan in the United States, where it is used to fight yeast infections. In developing countries, it is used to fight cryptococcal meningitis, an opportunistic infection associated with AIDS. The drug can be bought for $1.20 per daily dose in Thailand, where Pfizer has no patent on the drug. In South Africa and Kenya, however, the drug cost $17.84, a price Feinstein described as "unconscionable."

Regrettably, the trade bill is likely to be approved by Congress this week without the Feinstein-Feingold amendment.

The setback is especially unfortunate because it comes only months after a welcome change in U.S. policy. Last December, Vice President Al Gore announced that henceforth, the United States will show more "flexibility" in enforcing U.S. patent rights in countries that can demonstrate a genuine medical emergency. Under the policy, foreign governments can force U.S. drug companies to grant licenses to companies in their countries which can produce the drugs more cheaply.

Trying to salvage something from her setback in Congress, Feinstein has called on President Clinton to issue an executive order to formalize the administration's new policy. It will not have the same force as an actual law -- a future president could easily overturn it with another executive order -- but it is a necessary first step.

A Clinton administration official told The Chronicle it is considering Feinstein's request. But the time for extended deliberation is long past. This is a crisis.

With an estimated 5,500 people dying in Africa daily, any action that can slow the destructive path of AIDS must be taken without an more delay.





LOAD-DATE: May 9, 2000




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