(October 19, 2001) AIDS activists denounced the US government's decision to uphold Bayer's patent monopoly on ciprofloxacin, a drug approved for anthrax treatment. Unlike Canada, which decided to break Bayer's patent, the US will not make use of cheaper supplies of drug from competing generic manufacturers of ciprofloxacin by issuing a "compulsory license."

A 30-day anthrax course with Bayer's product costs $350.00. A course of treatment with a typical generic drug costs about $10.00.

This decision will restrict access to ciprofloxacin among poor Americans, the activists said, but it will also help protect the U.S. Administration's position on patents and AIDS drug access in poor countries, according to the activists.

Patent protection and access to life extending drugs is a subject dominating discussions during preparatory negotiations for the upcoming World Trade Organization Ministerial Meeting.

"The U.S. Administration did not want to set a precedent that could be used against them at the WTO. If the U.S. had agreed to license production of generic ciprofloxacin, all their arguments against patent flexibility in poor countries seeking generic AIDS would have fallen to pieces--and Robert Zoellick, the US Trade Representative, wouldn't tolerate that--no matter how high the stakes," said Asia Russell of Health GAP.

"The U.S. Administration wants to kill two birds with one stone: keep Pharma happy and keep blocking poor countries who are vying for a positive outcome at the WTO on access to drugs and patents," said Julie Davids of Critical Path AIDS Project.

Zoellick has been leading opposition to a document on patent protection and drug access issued by 60 poor WTO member countries who are seeking ratification of the document at the 4th WTO Ministerial in Qatar Nov. 9-12. The document asserts that nothing in the WTO's agreement on trade and intellectual property (called "TRIPS") stands in the way of public health.

"Despite a global epidemic of untreated AIDS killing 8,000 people daily, Zoellick is blocking the broad use of commonsense strategies among poor countries to promote generic AIDS drug access," added Sharonann Lynch of Health GAP.

ACT UP and Health GAP will stage a demonstration 4:30 PM, Thursday, November 1 in Washington DC at the USTR's office to highlight the efforts of the US Trade Representative in blocking poor countries' policy demands on affordable AIDS drug access.

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