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Med-Tech
"The United States shall not seek, through negotiation or
otherwise, the revocation or revision of any intellectual property
law or policy ... that regulates HIV/AIDS pharmaceuticals or medical
technologies," the White House directive says.
"(It) recognizes the truly great public health crisis that exists
now in sub-Saharan Africa," White House spokesman Joe Lockhart said
at a press conference.
About 11.5 million people have died of AIDS in sub-Saharan
Africa, which accounts for 83 percent of the world's total
HIV/AIDS-related deaths.
For the past three years, the Clinton administration has been
threatening sanctions against countries such as South Africa for
plans to import cheaper versions of AIDS drugs. The U.S. Trade
Representative's Office claimed that any such effort violated the
intellectual property laws of the World Trade Organization.
But the policy turned into a public relations disaster when
activists in the United States jumped into the fray last summer. The
administration has been under fire from various quarters, including
Ralph Nader, the AIDS organization Act-Up, and fellow Democrats such
as Senators Dianne
Feinstein (D-Calif.) and Russ Feingold (D-Wisc.).
In fact, the Clinton directive was issued only after Feinstein
and Feingold threatened last month to filibuster an African trade
bill.
The two senators had attached an amendment to the bill that would
allow access to generic drugs. But the amendment was dropped from
the final version of the bill. In a May 3 letter to the president,
Feinstein asked the White House to confirm his support for her
position by issuing an Executive Order.
While the senator may be pleased with the new policy, some White
House critics say it doesn't go far enough. "It's definitely a step
in the right direction," said James Love, director of the Consumer Technology Project. "But
it's a little less than meets the eye."
Love says the order does not cover the many Asian and Latin
American countries facing an AIDS epidemic, such as Thailand and the
Dominican Republic. "From a public relations point of view, it was
becoming difficult to justify the policy in South Africa. But maybe
people aren't focusing as much at other countries," he said.
And some of the wording is ambiguous, he said. The order uses
phrases such as "adequate and effective protection," which Love says
allows the government a lot of latitude.
"But it's definitely a big improvement," he said.
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