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publicado em 16/03/2012 às 11h46:00
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Intellectual Property Group supports cancellation of patent antiretroviral

Brazil could not produce or import generic versions of the drug lopinavir and ritonavir, marketed as Kaletra

 
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Foto: Divulgação/Abbott
Federal Court decision overturned the patent lopinavir, one of the active principles of antiretroviral Kaletra
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Federal Court decision overturned the patent lopinavir, one of the active principles of antiretroviral Kaletra

In a court decision, the Federal Court overturned the patent for lopinavir, one of the active principles of antiretroviral Kaletra. The authors of the case were laboratory Cristália lawyers, who claimed lack of evaluation of ANVISA (National Agency for Sanitary Vigilance) and unconstitutionality of the merits of records. The Working Group on Intellectual Property (GTPI) announced on Thursday (15), a note of support for judicial decision.

The text of the decision of Judge Daniel Wood says that the patent would protect the rights of Abbott to produce the drug exclusively until 2016 is not valid. In 1999 he introduced the requirement analysis by ANVISA, which did not occur in this case. Despite the patent of Kaletra have been initiated before that, was completed in 2000.

According to GTPI, the patent granted by the pipeline mechanism prevents local production or importation of generic versions of the drug lopinavir and ritonavir, sold under the name Kaletra.

Thus, the Brazilian government can only buy the drug company Abbott, despite the existence of generic versions sold in the international market at prices much lower. The price paid by Brazil is U.S. $ 763 per patient / year, but there are generic versions of quality, approved by the World Health Organization (WHO), sold for $ 402 per patient / year, 47% lower price, says the group.

Currently, the drug lopinavir represents about 16% of the expenditures of the Department of STD / AIDS and Viral Hepatitis with AIDS drugs. In 2005, this medicine alone consumed 30% of the budget for the purchase of antiretroviral drugs. After negotiations, pressure from civil society and the entry of competitors in the international market, the government managed to reductions in the price.

However, according to GTPI, the price in Brazil is still very high, especially considering the great demand for the drug in the country with more than 40,000 people making use of the drug.

By decree No. 985 of 06.24.2005, the Brazilian government declared the drug lopinavir public interest, the first step to issue a compulsory license. However, the government backed and opted to sign an agreement with Abbott for the supply of the drug.

Representatives of Abbott Laboratories, which produces the drug, said they would consider appropriate action. The company can appeal.

Source: AGENCIA AIDS
   Palavras-chave:   Justice    Patent    Lopinavir    Active    Antiretroviral Kaletra   
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