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WHO DG Dr. Chan's statement on TRIPS Agreement: Response

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To Mr. Loon Gangte

Regional Coordinator

Delhi network of Positive People

Affordable Medicines and Treatment Campaign

Community Health Cell

New Delhi

16th February 2007

Dear Mr. Loon Gangte,

Thank you for your letter dated 9 February 2007and for sharing your concern with

us.

First and foremost, we would like to assure you that WHO remains totally

committed to promoting access to essential and life- saving treatment for all,

and fully supports the use of the flexibilities within the TRIPS Agreement,

including compulsory licensing, to facilitate access to affordable medicines. We

consider Thailand’s recent decision to issue compulsory licenses for three

medicines to be in line with the TRIPS Agreement and the Doha declaration.

We regret the confusion caused by the recent incident. We would like to inform

you that the WHO Director General has since clarified that her statement was

made in the context of ensuring a balance between the immediate and urgent need

to provide affordable medicines to those who need them, and the need to provide

continuous incentives for

innovation. However, as requested, we will convey your concerns to our

headquarters, while reconfirming our position on these issues, as stated above.

Finally, we would like to assure you that WHO remains committed to dialogue with

all stakeholders, including people living with HIV/AIDS, civil society and NGOs,

on policy issues related to access and equity.

We hope this clarifies the matter.

Yours sincerely

Samlee Plianbangchang, M.D., Dr.P.H

Regional director

Dr. S.J.Habayeb

WHO Representatives to India

WHO- SEARO

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