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Appendix 3OPEN LETTER TO PRIME MINISTER DATUK SERI ABDULLAHAHMAD BADAWI3 March, 2006[Note: Malaysia began formal negotiations on a bilateral free trade agreement with theUnited States on 8 March, 2006.]Appeal for Malaysians to have access to affordable medicinesWe understand that the Malaysian Government is about to begin negotiations with the USAfor a free trade agreement (FTA). As a group representing people living with HIV/AIDS(PLWHAs) in our country, we are very concerned that the life-saving medicines we needmay become even more unaffordable if a FTA is signed with the USA.Excessive, high prices of antiretroviral drugs (ARVs) due to patents in the hands of some bigglobal drug companies have led to world wide outcry in recent years. When there was competitionfrom generic ARVs used to treat AIDS, the prices of patented drugs fell fromUS$11,000 per patient per year to US$150 per patient per year. Even then, this is tooexpensive for those who are poor and in deed of treatment. That is why generic drugs are sovery important.No generic drugs means no access to affordable life-saving AIDS drugs. This will translateto more deaths to PLWHAs. In Malaysia, figures in June 2005 show that there are 63,438reported cases of HIV infection, and 10,044 AIDS cases in Malaysia. Between 1986 andJune 2005, we have already lost 7,673 lives.At the same time, we understand that the Ministry of Health (MOH) is looking at reachingout to 1,200 intravenous drug users as a target for their Harm Reduction program. With thisprogram, MOH is also establishing a strong referrals system to hospitals, rehabilitation centres,substitution therapy, etc. This program is an entry point towards encouraging morevoluntary testing and counseling. Therefore, there are more likely cases of HIV/AIDs to bedetected amongst this invisible population. This in turn will lead to a bigger number ofdetected HIV/AIDS cases in Malaysia. The impact of the FTA will also be on this invisiblepopulation. The World Health Organization in June 2005 has already warned that an HIVepidemic is knocking on Malaysia’s door.We were very encouraged when the Government issued a special compulsory licence in2003 to import some generic ARVs from India for use by MOH. The monthly treatment costby government hospitals and clinics fell by 81% from US$315 to US$58. MOH has targetted4,000 people to be on ARVs therapy. But this is still below the more than 10,000 AIDS casesthat need urgent treatment. The import licence has also come to an end. So we hope and trustthat the Government has plans to ensure continuing access to affordable ARVs. WithoutARVs, more PLWHAs will die.26That is why we are very worried about news reports on FTA negotiations with the USA. Wedo not know what is being proposed in the Malaysia-US FTA, but based on previous USFTAs and the US proposals in the controversial Thai-US FTA negotiations, there are anumber of common provisions which are very alarming. We believe the US will demand thatMalaysia also agree to similar provisions, and these will make all medicines more expensive.For example, US FTAs usually force more medicines to be patented and the patents have tocontinue for more than 20 years, which is the length of time for patents to run. When amedicine is patented, it means there is a monopoly and so no other manufacturers can makethat medicine. That means that the patent owner can charge as much as it likes because thereis no competition.We have learnt that US FTAs also impose monopolies for at least five years even when thereis no patent, by blocking the use of test information by health authorities to register genericversions of the patented drugs.We make a strong plea to Datuk Seri and the whole Malaysian Government to reassure usthat public health will always be a top priority and that FTAs with Malaysia will not containanything that goes against access to affordable medicines. We urge Datuk Seri to hold consultationsso that we, the PLWHAs, and all Malaysians can learn more about FTAs that willbe negotiated and how they will have an impact on public health and access to affordablemedicines. We also urge Datuk Seri to continue with the Government’s promise of transparencyby making public suggestions and proposals in the FTAs.For PLWHAs, the treatment that we need is a life long treatment. For us, it is a matter of lifeand death. So we strongly appeal to you, Datuk Seri, to safeguard our human right to affordablemedicines and treatment. Please do not allow an FTA with the USA or any country thatwill harm the health of Malaysians.Thank you.1) Positive Malaysian Treatment Access & Advocacy Group (MTAAG+)[A group of People Living with HIV/AIDS doing treatment literacy, treatmentadvocacy and networking.]2) Positive Living, PT Foundation.[A program of Community-Based Organization to provide a drop-in center,outreach and peer counseling for People Living with HIV/AIDS.]27Appendix 4DECREE OF THE PRESIDENT OF THE REPUBLIC OF INDONESIANUMBER 23 YEAR 2004REGARDINGEXPLOITATION OF PATENT BY THE GOVERNMENT ONANTI RETROVIRAL DRUGSTHE PRESIDENT OF THE REPUBLIC OF INDONESIAConsidering: a. that in line with the urgent need in the effort to control HIV/AIDS epidemic in Indonesia, it is necessary to provide access toAnti Retroviral Drugs that are still protected under Patent;b. that as exploitation of Article 5 of Government Regulation No27 of 2004 regarding the Mechanism of Patent Exploitation bythe Government, it is necessary to stipulate a PresidentialDecree regarding Patent Exploitation of Anti Retroviral Drugsby the Government;In view of: 1. Article 4 paragraph (1) of the Constitution of 1945 as amendedby the Fourth Amendment of the Constitution of 1945;2. Law No 23 of 1992 regarding Health (State Gazette of 1992No 100, Supplementary State Gazette No 3495);3. Law No 14 of 2001 regarding Patent (State Gazette of 2001 No109, Supplementary State Gazette No 4130);4. Government Regulation No 27 of 2004 regarding Patent ExploitationMechanism by the Government (State Gazette of 2004 No106, Supplementary State Gazette No 4423);DECIDES:Stipulating: DECREE OF THE PRESIDENT REGARDING PATENT EXPLOITATIONOF ANTI RETROVIRAL DRUGS BY THE GOVERNMENT.First: The exploitation of patent of Antiretroviral Drugs by the Government is meantto comply the urgent need of community in the effort to control HIV/AIDSepidemic.Secondly: The type, name of Patent Holder, Patent number and period of Patent exploitationof the Antiretroviral Drugs as referred to the First Dictum is attachedin the Annex of this Decree.28Thirdly: Minister of Health may appoint a Pharmaceutical Factory as the Patent exploiterfor and on behalf of the Government to exploit the Patent by takinginto account the recommendations from Head of National Drug and FoodControl AuthorityFourth: The Government shall give a 0.5% compensation fee of the net selling valueof Anti Retroviral Drugs to the Patent Holder.Fifth: This Decree shall take effect on the date of its enactment.Enacted in JakartaOn 5 October 2004THE PRESIDENT OF REPUBLIC OF INDONESIASignedMEGAWATI SOEKARNOPUTRIFor true copyDeputy Cabinet SecretaryLegal and Legislation Department,Lambock V Nahattands
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