The State of São Paulo Forum on
NGO/ AIDS (Foaesp), made public, last September 19, a letter in rejection of
the grant of sofosbuvir patent to the US Pharmaceutical Company, Gilead Sciences.
Check below, the content of the
letter:
The State of São Paulo
Forum on NGO/AIDS (FOAESP), group formed in 1997, representing more than a hundred
Civil Society Organizations on the fight for the human rights of people living
with HIV/AIDS (PLHA) and co-infections, as also for the appreciation of the
Brazilian Unified Heath System, expresses, in public, its disagreement and dissatisfaction
on the grant of sofosbuvir patent to the US Company, Gilead Sciences.
As
well as the Working Group on Intellectual Property (GTPI), FOAESP considers the National
Institute for Industrial Property (INPI) decision unwise and outrageous, since that
grant had already been embargoed, and the concession also contradicts to
various technical arguments, proving the product does not fill minimal criteria
required by the Law of Patent, as sufficiency of disclosure and inventiveness, that
turns the plead unworthy.
Besides inadequate, the
INPI decision obstructs the production of the generic version, that would save
around a billion of reals from the public funds, moreover, it hampers the universal
access to Hepatitis C treatment, as ensured by the Clinical Protocol and
Therapeutic Guidelines for Hepatitis C and Co-infections, once it was enacted
the Constitutional Amendment 95/2016, a spending cap to freeze health spending
for 20 years.
Considering the facts
above and motivated to guarantee the access to treatment, FOAESP will push on the
Republic Presidency to enact the compulsory licensing of sofosbuvir, as it is
ensured by the Law of Patents in Brazil and the World Trade Organization Trips
Agreement in order to fulfill the 1988 Constitution that presumes universal
access to health.
Compulsory licensing for
sofosbuvir right now!
Rodrigo Pinheiro
President
President
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