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The United States government is requesting, on January 1st, the World Trade Organisation (WTO) the establishment of a
panel in the attempt to threaten the successful Brazilian AIDS programme At the Community Forum and at Forum 2000, two declarations were issued by community activists, which we quote below.

Among the claims there are some to the US government, to specifically withdraw The complain before WTO on Argentina and Brazil patent laws. The meeting will take place February 1st, 2001. The United States will request the establishment of the panel BRAZIL - MEASURES AFFECTING PATENT PROTECTION, on the grounds that the Brazilian industrial property law is inconsistent with the TRIPS Agreement. According to the United States government, the Brazilian patent law represents a potential conflict since it provides the possibility to obtain compulsory licenses of drugs in extreme cases, such as incapacity to supply the market which could endanger public health. Compulsory licenses are a mechanism supported by TRIPS and it has not been used by the government at least as regards to the production of antiretroviral drugs. If costs grow too much and threaten the access to treatment, it should be used. Brazil initiated its production of anti-retroviral drugs in 1995, intending to provide free and universal care to its 100 thousand patients. Success has been such that, according to estimates, since 1997, 146 thousand of patients have avoided hospitalisation thanks in part to the production of 7 locally produced drugs.

Consequently the number of deaths caused by AIDS
decreased 50% since 1996. At present, around 100.000 patients are under drugs treatment provided by the government. This large number of people assisted by the public health system became possible since Brazilian public laboratories started to produce generic drugs for free distribution. The local production led to sharp price reductions, which dropped up to 72% compared to international prices. In 1999 the ministry of Health spent about US$ 311 million dollars treating 75.000 patients, comparing to US$ 301 million dollars treating 100.000 in 2000. Since 1997 the annual cost to treat a patient in Brazil has dropped from US$ 7.858 to US$ 4.137. In the United States, similar treatment costs US$ 10,000 to US$ 15,000 and is not available for free to every patient. The lives of thousands of people in Brazil depend on the government aid to provide free medication, which are an affordable burden due to low cost of production which is an experience that Brazil is willing to share with other developing countries, particularly in Africa where AIDS is killing millions of people. In Durban International AIDS Conference the Brazilian delegation proposed to co-operate with countries in the development of similar anti-retroviral production infrastructure, establishment of health-care services, etc, which could lead to a dramatic reduction of deaths. Therefore, in order to seek the largest possible access to anti-retroviral therapy for people living with HIV/AIDS in our societies, we urge the civil society to react from now on against the United States attempt to protect pharmaceutical industry interests by all the possible ways. In this sense, we are beginning a global mobilization which generates a public debate on this behaviour which could have a negative impact on the health and lives of millions or PWHIV/AIDS and ask you to protest in the interest of millions of people, particularly of those living in developing countries. RIO DE JANEIRO DECLARATION The persons and organizations at the Latin
American and Caribbean Community Forum on HIV-AIDS, held in Rio de Janeiro, from november, 5th to 6th , 2000. Demand the US government to withdraw the complain against patent laws in Argentina and Brazil at the WTO. At the same time we complain against the interference of the
US government in the elaboration of the Dominican Republic patent laws. Demand Latin American and Caribbean governments an adequate and strict controle of the quality of drugs approves and distributed by the priveate or public networks, produced locally or abroad, not taking into account neither who produces nor commercializes them, nor if they have or lack approval in other countries or institutions, be they patented or off-patent. The States should provide permanently the national regulatory institutions with the appropriate human and economic resources humanos y economicos to verify the quality of all drugs. We demand WTO, WHO, PAHO, UNAIDS and the governments of the so called developed countries to ensure that patent legislation serve the right to life, health and human dignity and do not constitute an obstacle for the access to treatment of the persons which requiere
them. We also ask the so called developed countries to oppose pressures nad measures against legislation which facilitates the delivery or trading or production of drugs. We call on WTO, WHO,
UNAIDS, and governments to support that the right to life, health and human dignity be superior to the economic rights. We demand the pharmaceutical companies to withdraw or liberate patents of HIV-AIDS drugs and other severe conditions in the so called developing countries. We demand the pharmaceutical companies not try to use persons or organizations which work or live with HIV-AIDS to favour their own interests. FORUM 2000 DECLARATION The persons and organizations which work in human rights, participating at the II Conference on Horizontal Technical Cooperation in Latin America and the Caribbean on HIV - AIDS, Forum 2000 in Rio de Janiero, noviembre 7th to 11th , 2000: Exhort UNAIDS to adopt a proactive behaviour leading to concrete results related to the universal access to all the medicines in all the countries where there is no access. Ask UN to declare HIV-AIDS a problem of humanity and therefore all the scientific research related with the subject are a universal good, taking effective measures to liberate patents, review TRIPS agreements to minimize the negative consequences on public health in the so called developing countries, as well as effectively support the use of the exceptions which exist in the current TRIPS agreements. Ask govermente to assume the political responsibility to warrant universal access to HIV-AIDS medicines. Ask international agencies which support countries where ther is no access to drugs to recommend goverments to take effective decisions. Exhort countries to allow the production and importing of generic medicines, and to act in solidarity through collaboration in technological transference with the countries with few resources. Demand an immediate and drastic price reduction on medicines for countries with few resources, as already done with vacines. Regret the absence or the small number of PWHIV/AIDS from countries with few resources, in the Region, in this Forum such as Haiti, El Salvador, Honduras, Paraguay, Belice, among others. Exhort persons and organizations to present complaint to the Interamerican Commission on Human Rights and The UN Human Rights Comittee Humanos since their decisions are compulsory for member States We adhere to the Rio de Janeiro Declaration presented at the Community Forum which precede this Forum 2000 <html> Dear friends, <br> Rio de Janeiro and SPaulo States AIDS/NGOs Fori which congregate together more than 100
AIDS NGOs in Brazil approved this letter on the complain that the US gvment is presenting before WTO against Brazil.

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