| WASHINGTON, D.C. – As experts warn about the possibility of an avian flu outbreak, U.S. Congressman Marion Berry (D-AR, 1st) and nine of his colleagues sent a letter to the Secretary of Health and Human Services (HHS) today urging him to make sure the United States has access to an adequate supply of medicine. The letter specifically asked the Secretary to issue compulsory licenses against the companies that produce the anti-viral drugs Tamiflu and Relenza so they do not have patent protection during a national emergency.
"We saw what happened last flu season when our country faced a shortage in vaccines," said Congressman Berry. "We simply cannot afford to make the same mistake twice, and leave our country unprotected against deadly illnesses like the avian flu. A little preparedness will go a long way in this instance."
There are only two companies in the United States that produce the anti-viral drugs used to treat avian flu. The companies, Glaxo Smith Kline and Roche, have patent protections that give them complete control over the world's supply of the medicine. However, the United States government has the authority to issue a compulsory license so generics can produce additional supplies in the event of a global outbreak. The US government has issued a compulsory license in the past when it is in the public interest.
According to the World Health Organization, the United States only has stockpiles of the avian flu drug for less than 1% of the population. The organization estimates that it will take up to ten years for these companies to produce a large enough quantity to cover the recommended 40% of Americans. By allowing generic companies to enter the market, the United States government will ensure the nation has access to an adequate supply of antiviral drugs.
"We must make patent law exceptions when monopoly power jeopardizes public health," said Congressman Berry. "This is certainly one of those times where we need to put the safety of Americans before the profits of pharmaceutical companies." |
