ATAC and EATG stand in solidarity with ACT UP-Paris and the Thai HIV/AIDS patient community
New York, Brussels, July 16, 2007.
Dear Miles White,
On May 23rd Abbott Laboratories (Abbott), manufacturers of the important anti-retroviral drugs Norvir and Kaletra, became the first pharmaceutical company to intentionally attempt to cause the demise of an HIV/AIDS community group by filing a lawsuit in French criminal court against ACT UP-Paris. Abbott claims ACT UP-Paris’ April website “zap” shut down its server for a few hours prior to its annual shareholders meeting.
French law forbids the limiting of access to a website, unless a defendant has a “legitimate motive”. Holding Abbott accountable for unethical conduct and highlighting Abbott’s denial of essential medicines can surely be interpreted as a legitimate and honorable motive.
A Paris judge has scheduled an Oct. 26 hearing in criminal court. If ACT UP Paris loses the criminal case, French law proscribes a maximum fine of €75,000, or $100,000 and/or the disbanding of the AIDS organization. Either option will result in the demise of ACT UP-Paris.
HIV patients, doctors and their associations have scorned Abbott for many years as a result of excessive prices charged for its HIV drugs and for the 400% price increase of its essential protease inhibitor boosting drug, Norvir, in the United States. In recent months, the company has been embroiled in a standoff over access to its drug Kaletra in Thailand. ACT UP-Paris was among the many AIDS Activist groups in more than 12 countries that joined an International Day of Action on April 26, 2007, to protest against the company’s withdrawal of applications necessary to register new life-saving drugs in Thailand.
Earlier this year, Thailand explained that it could not afford Abbott’s price for Kaletra. The Thai government also announced that it planned to use compulsory license provisions, pursuant to international trade law that allows countries to procure cheaper generic versions of a patented drug in health emergencies. By utilizing compulsory license provisions, the Thai government would save millions of dollars that could be used for life-saving medications for its citizens.
Abbott countered by announcing that it would not register any newly developed drugs in Thailand, depriving that country of the new form of Kaletra that, in contrast to the current form, does not require refrigeration, an obvious issue in tropical Thailand. Despite the fact that the compulsory licenses for Kaletra were legally issued by the Thai government in accordance with WTO TRIPS provisions, Abbott announced that it would refuse access of its new heat-stable version of Kaletra to HIV patients in Thailand.
The WHO, doctors and other community based organizations and societies globally have called upon Abbott to reexamine its position. The French government also publicly supported the Thai government’s decision to issue the compulsory drug licenses. People living with HIV/AIDS in Thailand have pleaded with Abbott to reverse its decision and called upon the international community to show solidarity with their cause. ACT UP-Paris responded to their call with the alleged criminal “Action”.
Phone and fax zaps or sit-ins, which have disrupted corporate communication for short periods of time, or blocked employee work access, are not new to AIDS Activism. These tactics have been used by many other Activists through the many years of the long epidemic to draw attention to government or corporate Acts and omissions.
Such community “actions” in the past have been responded to by government and industry by initiating direct meetings to discuss options and solutions to very real problems and concerns. This has lead to regularly meeting with the community, who represent, and in many instances who are the Actual consumers of the products generated by industry and government. This process has led to practices that are mutually beneficial to all stakeholders – expedited and ethical drug development and research, resulting in greater profits for industry and the dramatic extension of life and quality of life of people with HIV/AIDS.
We believe Abbott’s aggressive legal moves are unwarranted and misguided. We call on Abbott to immediately withdraw its lawsuit and to meet with ACT UP-Paris and agree to change its current hostile policies and practices. If Abbott continues with its current actions toward ACT UP-Paris and international consumers, AIDS Activists will have no choice but to continue to engage in such “actions” and to inform investors of the many unethical practices considered and implemented by Abbott Laboratories in the United States and internationally.
Our organizations stand in solidarity with ACT UP-Paris and the Thai HIV/AIDS patient community and welcome this opportunity to debate Abbott’s shameful policies in Thailand and elsewhere. Regardless of Abbott’s decision about the charges against ACT UP-Paris, we will not be intimidated and will continue to do everything in our power to convince the company to reverse its decision to stifle freedom of speech and deprive the Thai people of life-saving medication.
AIDS Treatment Activists Coalition (ATAC)
European AIDS Treatment Group (EATG)
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