Brazil rejects tenofovir patent

Brazil’s National Institute of Industrial Property (INPI) has rejected a patent on Gilead’s version of tenofovir, one of the most commonly used antiretroviral drugs, following a lengthy investigation. The decision looks set to intensify debate over the effects of intellectual property laws on access to medicines.

Previous disputes over access to medicines have focused on the use of compulsory licences to import generic versions of patented products.

Brazil’s Ministry of Health has signalled that it is looking to reduce the amount it spends on tenofovir, either by negotiating a lower price from manufacturer Gilead, by importing a generic version from India or eventually manufacturing the drug in Brazil.

Brazil’s government negotiated a reduction of tenofovir’s price with Gilead Sciences in 2006. That agreement is due for re-negotiation soon.

Brazil’s Secretary of Science, Technology and Strategic Products from the Ministry of Health, Reinaldo Guimarães, told O Estado de São Paolo newspaper this week: "We will certainly ask for a lower price compared to what is charged today: US$ 3.25 a dose."

In comparison generic versions are available from Indian companies at around US$0.40 per dose.

However, Indian companies with voluntary licences from Gilead are specifically prohibited from exporting to Brazil under the terms of their agreements. The only major antiretroviral manufacturer not to seek a licence from Gilead, Cipla, is awaiting WHO prequalification for its own version of tenofovir.

[AIDSPortal summary]

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