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It was just kindof a crisis of humanity.
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People just weren'treally stepping up
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to the magnitude of the problem.
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They weren't really human for a moment.
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The many people that
I have lost in my family
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the many people that I nursed
and who have died of AIDS
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could have been spared.
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People are dying andthe medicines are in my briefcase!
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It's fine for people
in rich countries to say
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this is what it ought to be.
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They don't have to live
in these little villages
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and watch people die like flies.
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Let me put it this way.
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There is no developed country
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which would have tolerated
the loss of millions of their citizens
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while life-saving drugs were available.
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If it is true thatone death is a tragedy,
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and a million deaths a statistic.
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This is a story about statistics.
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The millions of peoplein poor countries
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who died needlessly of AIDS
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while giant pharmaceutical companies
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blocked access to the low-cost medicine
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which could have saved their lives.
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{\an8}This was the mostcatastrophic emergency,
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{\an8}Africa and the worldhas ever seen.
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There were non-stop funerals
taking place on a daily basis.
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The orphans' population had exploded.
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The backyards of mosthomesteads were full of graves...
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all of them, recent.
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{\an8}I saw so many people
who would have lived.
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{\an8}I saw them die painfully, excruciatingly.
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And yet, their death was not inevitable.
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I had a small ward with ten beds
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and a hundred percentof the patients in ward were HIV positive
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{\an8}and every day I saw people dying...
eight to nine patients a day.
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When you are with the patients andyou see patients dying in your hand...
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You know, it is difficult
to say to the patient
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that you have this disease and
we don't have anything to help you.
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''Look, you are HIV positive
and that's all, bye...'' You know?
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I was diagnosed with HIV in...at the end of 1986.
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But I fell very ill with AIDS about
11 years after my diagnosis, in 1997.
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{\an8}I was unable to walka simple flight of stairs
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I was severely ill...I faced death from AIDS
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because I had four or fiveof the defining symptoms of AIDS.
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In 1996, everything changedfor people like Justice Cameron
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when a combination of threeantiretroviral drugs, or ARVs,
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proved sucessful in fighting HIV.
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Suddenly the most feared anddestructive disease of the age
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was no longer a death sentence
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I started on the drugshaving been enormously ill
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and within two weeks
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I could feel that my lifehad been given back to me.
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It's what some AIDS doctorscall the 'Lazarus Effect'.
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My appetite returned,my strength returned,
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my energy returned,my joy for life returned
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and it was the most astonishingexperience of my life.
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The drugs he was takingwere sold internationally
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at prices over 15,000dollars per patient per year.
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far beyond the reach oftens of millions of people
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living with HIV/AIDS.
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The drugs were enormously expensive.
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They took up a third
of my judicial salary.
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Most people in Western Europeand North America accepted
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that drug manufacturersare entitled to a specified price
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in the open market,which is a market defined by
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North Americanand Western European conditions
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and if that price is unreachably high
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to people in the developing world...
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Africa and Asia,
South America, that's just too bad.
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Those people must die.
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At the moment we hadour political freedom
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HIV came along androbbed people of life.
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It's in many ways worse than
what happened under apartheid.
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Zackie Achmat hadgrown up fighting against
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white minority rule in South Africa.
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In 1998, now HIV-positive
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he founded theTreatment Action Campaign
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to address the problemof access to AIDS medication.
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...and the only reason we
are dying is because we are poor
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The only reason we are dying
is because we are poor.
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The problem Zackie andother South Africans faced
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was both simple and brutal.
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The drugs they neededwere made under patent
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by multinationalpharmaceutical companies
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and the patent made it illegalfor others to make, sell or
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import unpatented generic drugs
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which typically cost far less.
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In 2000, one of my cousins
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{\an8}Farida Abrahams, died
of AIDS-related illnesses
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{\an8}and she couldn't
afford antiretrovirals.
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{\an8}And in fact, we'd smuggled
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generic FIuconazole
into the country for her
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which gave her anextra six months of life
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in which she could diea dignified death
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instead of a reallyhorrible, cruel death.
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But she died because
she couldn't afford antiretrovirals
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and that was a close family member.
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The only way Zackie could helphis cousin was by breaking the law
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American pharma company Pfizersold patented Fluconazole
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which could alleviateextreme pain in those suffering
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from AIDS-related infections
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under the brand-name 'Diflucan'.
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Its patent gave the companya monopoly in South Africa
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enabling it to chargeastronomical prices.
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A generic version was availableat a tiny fraction of the cost,
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but that was in Thailand.
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Fluconazole in Thailand, cost
less than five US cents per capsule
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and in South Africa, they were
paying 30 dollars a capsule.
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And there's no difference in quality.
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The generic from Thailand,made in a government factory
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was indistinguishablefrom the branded drug
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being sold in South Africa.
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Pfizer's patent, however,made importing it, a criminal offence.
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We don't have the intentionof breaking the law.
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What we will be doing
is breaking Pfizer's patent.
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We will be showing that Pfizer
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and other companiesare abusing their patent.
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We have no criminal intention
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Our only intention is
to defend people's lives.
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I am a journalist by profession.
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I work for a papercalled 'The New Vision'.
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{\an8}I am the first journalistin East Africa
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{\an8}who declared his HIV status publicly.
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I was almost pronounced dead.
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I was in a coma for many days.
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I was reduced into a skeleton.
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Anti-retroviral therapywas bloody expensive
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A dose would go for over amillion shillings, you couldn't afford.
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If I had died, I would have been
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the eighth member of the samefamily to be claimed by AIDS.
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I don't mean relatives,I am talking about brothers and sisters.
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My mother couldn't bear seeing
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one, two, three, four, five, six, seven...all her children perishing...
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She was imagining she wasgoing to lose her eighth child.
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She had lost hope.
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Hope was at a premium onthe other side of the Atlantic as well.
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Desperate to buildawareness among Americans
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about the fact that millionsof people were dying of HIV/AIDS
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even though there were drugswhich could save them
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intellectual property activist,James Love
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found few peoplein Washington willing to
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so much as discuss the issue
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and was surprised by the responseof some he thought would join him.
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A lot of American AIDS activistswere opposed to this.
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They didn't really care...
they felt like they had drugs.
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{\an8}If they had cheap drugs in Africa
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{\an8}they thought it might
discourage R&D for them.
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{\an8}They had insurance,
they didn't see the pricing problem.
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Many in the West feared thattreating people in the Third World
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could cause the AIDS virus to mutate
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and become resistant to the drugs.
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The rap was, you couldn'tgive drugs to people in Africa
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because they would misuse them.
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They wouldn't be compliant
in terms of treatment.
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They'd develop resistance...
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resistance would come back and
kill Americans or kill Europeans.
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They are mostIy illiterates
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{\an8}can't read the information
on the leaflets in the drug packets
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{\an8}and have to cope
without a healthcare system
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{\an8}that can tell them
about the disease they have
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The biggest problemfor antiretrovirals
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this sounds small and some people...
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{\an8}if you've travelled to
rural Africa, you know this.
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{\an8}This is not a criticism,
just a different world.
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{\an8}People do not know
what watches and clocks are.
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{\an8}They do not use Western means
for telling the time, they use the sun.
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In July 2000, four years afterthe combination therapy breakthrough
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had changed the outlook for peoplewith HIV in the rich West
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the biennial InternationalAIDS Conference
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was held for the first time in Africa
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the continent with more thantwo-thirds of the world's HIV cases.
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Over two million people were reported
to have died in that year alone.
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So people were fed upwith being called to a conference
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told how AIDS can be treated
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and at the end be sent home
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to watch their people
dying without treatment.
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Where are the drugs?
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That's where they are...
the drugs are where the disease is not!
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And where is the disease?
The disease is where the drugs are not
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Protestors directed their angerat pharmaceutical companies.
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New drugs promise to prolong life
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but they are too expensive forthe 23 million Africans dying of AIDS
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The power of the drug companies
is strong, they have money...
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I've never seen that kind of anger
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which was directed atpharmaceutical companies.
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We are never going to stop
until everyone in Africa
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everyone in Asia, everyone in
Latin America has access to drugs.
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But we will not forget
the poor people in Europe
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and the poor people in
North America...
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In the heightened andexpectant atmosphere
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High Court JusticeEdwin Cameron took the stage.
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Please take your seat,
the court is in session!
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I am here because
I am on antiretroviral therapy
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I can afford my medication.
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Now why should I have the privilege
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of purchasing my life and health
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when 34 million people in
the resource-poor world are falling ill
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feeling sick to death, and are dying?
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We need to change the facts
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that are going to lead to the deaths
of 25 million people in Africa.
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We will change that fact.
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We will challenge the future,
and we will intervene in it.
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Thank you very much.
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You may not do this.
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You may not leave ten or
20 or 30 million Africans
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to die unnecessarily from a disease
that can be medically treated.
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That was the turning point
that Durban represented.
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Lots of people were dyingbecause they needed the ARVs
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{\an8}Those who didn't die,
they must thank God.
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By that time, there wereno people who were saying that
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00:18:02,800 --> 00:18:04,800
''I am HIV positive.''
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00:18:05,360 --> 00:18:10,080
No one was saying HIV or AIDS,they would say,
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00:18:13,200 --> 00:18:16,040
"Don't say, don't say the word",
you know?
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I got married in 1995.
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I don't like him, but everybodyforced me to get married.
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and after 45 days
I came to know my status.
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I got the result and Ionly read that it's AIDS.
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So I know AIDS means death.
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{\an8}And I know AIDS is what
immoral people get...
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{\an8}I am not immoral...
How did I get the virus to my body?
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During that time,I came to know
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my husband knew his statusbefore my marriage.
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Seven months later, he died.
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{\an8}In this country, people think that...
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{\an8}they are all saints,
and those who get HIV are sinners.
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There was no doctor who wantedto touch people with HIV.
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We used to admit them in a little
thatched roof on the side of the road
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because no hospital
wanted to admit them.
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{\an8}We were fighting desperateIy
to try to convince patent-holders,
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{\an8}the main pharmaceutical companies
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00:19:55,440 --> 00:19:59,000
GlaxoSmithKline, Pfizer,
Boehringer-Ingelheim...
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00:19:59,080 --> 00:20:01,480
...question of access
to treatment, which...
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00:20:01,600 --> 00:20:04,000
and we said, "Listennone of the clients here
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are using your drugs,
and will probably
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ever be able to use your drugs.
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00:20:08,680 --> 00:20:14,120
Can you please allow us
to import generic drugs?
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00:20:14,720 --> 00:20:17,920
And they answered to us
very quickly...
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and the answer, of course, was 'No.'
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While the death tollin Africa continued to rise
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AIDS was now largely seenas old news in the West
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where mass demonstrationsfor access to drugs in poor countries
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went all but unnoticed.
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00:20:44,200 --> 00:20:48,800
HIV and AIDS is happeningin the developing world
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the so called 'Third World'
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{\an8}which has always, as it were,
been at the bottom of the pile.
249
00:20:59,880 --> 00:21:02,920
Although low-cost generic ARVswere now being made
250
00:21:03,040 --> 00:21:06,120
in a few more developedcountries like Thailand and Brazil
251
00:21:06,560 --> 00:21:09,320
quietly acting to curbtheir own epidemics
252
00:21:09,800 --> 00:21:12,160
governments in the poorestand hardest-hit countries
253
00:21:12,280 --> 00:21:15,680
backed away from challengingWestern patents on AIDS drugs
254
00:21:16,040 --> 00:21:19,200
having been repeatedly warnedby the United States and others
255
00:21:19,520 --> 00:21:22,480
that doing so would leadto severe consequences.
256
00:21:25,280 --> 00:21:29,440
The US government andthe industry work hand in hand.
257
00:21:30,680 --> 00:21:33,720
{\an8}Aid from the US is rarely
given without strings.
258
00:21:35,200 --> 00:21:37,160
{\an8}It's given to further
American interests.
259
00:21:38,280 --> 00:21:40,680
Those interests are in linewith the companies because
260
00:21:40,800 --> 00:21:42,040
quite frankly, at the end
261
00:21:42,240 --> 00:21:45,720
the companies are running
the US government.
262
00:21:45,840 --> 00:21:47,360
I mean they are pulling the strings.
263
00:21:50,200 --> 00:21:51,960
It had taken nearly forty years
264
00:21:52,640 --> 00:21:56,600
for the United States government
to put apartheid South Africa
265
00:21:56,720 --> 00:21:58,160
on a sanctions watchlist
266
00:21:58,840 --> 00:22:02,640
but it took less than three years
to put democratic South Africa
267
00:22:02,760 --> 00:22:05,120
trying to make medicines
affordable to its people
268
00:22:06,280 --> 00:22:10,440
onto a sanctions watchlist,
at the behest of drug companies.
269
00:22:16,280 --> 00:22:19,880
Donald McNeil covers global healthfor the New York Times
270
00:22:22,520 --> 00:22:24,360
The actual price ofthe pill has nothing to do
271
00:22:24,440 --> 00:22:26,440
with what it coststo manufacture the pill.
272
00:22:27,200 --> 00:22:29,840
{\an8}They could pretty much set the price
of the pills at anything they wanted
273
00:22:29,920 --> 00:22:31,640
{\an8}they were still making
a profit at five cents
274
00:22:32,280 --> 00:22:34,960
{\an8}but they were charging
the same twenty-five dollars a pill
275
00:22:35,080 --> 00:22:36,840
in South Africa that they
were in the United States.
276
00:22:41,040 --> 00:22:46,520
So I began to see more how completely
screwed up and unfair the system was
277
00:22:49,840 --> 00:22:53,600
The drug industry
like any other private corporation
278
00:22:53,720 --> 00:22:54,800
is there to make money.
279
00:22:55,320 --> 00:22:57,720
It's there to make money
for its shareholders.
280
00:22:59,400 --> 00:23:01,440
The concept is to set the price
281
00:23:02,000 --> 00:23:04,600
at the level whereyou will maximise revenues.
282
00:23:05,640 --> 00:23:08,160
{\an8}That means you are going to lose
some patients because it's so high
283
00:23:08,360 --> 00:23:09,800
{\an8}but you're making up for it
284
00:23:09,880 --> 00:23:12,560
{\an8}because the others are forced
to pay that very high price.
285
00:23:16,280 --> 00:23:19,840
With life-saving products,it is a terrible mistake
286
00:23:20,440 --> 00:23:23,240
to put shareholder value
287
00:23:23,440 --> 00:23:25,760
above the lives and livelihoods of
288
00:23:26,120 --> 00:23:28,000
millions of people
who will die as a result.
289
00:23:31,160 --> 00:23:33,360
Branded pharmaceuticalshad for decades
290
00:23:33,440 --> 00:23:35,600
been the most profitablebusiness on earth.
291
00:23:36,240 --> 00:23:38,440
Even though the industrymade almost all its money
292
00:23:38,560 --> 00:23:40,120
in rich Western countries
293
00:23:40,720 --> 00:23:43,880
with half of all revenuecoming from the United States alone.
294
00:23:44,800 --> 00:23:46,880
The continent of Africa as a whole
295
00:23:47,320 --> 00:23:50,120
accounted for justone percent of sales
296
00:23:53,200 --> 00:23:56,160
While Africa was only ofmarginal interest as a market
297
00:23:56,680 --> 00:23:59,640
{\an8}the drug industry fearedthat relaxing its patent monopolies
298
00:23:59,760 --> 00:24:02,840
{\an8}in the poorest countriescould set a bad precedent
299
00:24:03,480 --> 00:24:05,720
one which might threatenfuture profit margins
300
00:24:05,840 --> 00:24:08,760
in major emerging marketslike China and India.
301
00:24:11,480 --> 00:24:14,320
My God, I mean, thesales were practically zero.
302
00:24:16,080 --> 00:24:18,120
{\an8}The sales were essentially
a rounding error
303
00:24:18,640 --> 00:24:21,480
{\an8}for the whole continent of Africa.
It was ideological.
304
00:24:22,760 --> 00:24:25,000
Africa wasn't going to makeany difference to them anyhow.
305
00:24:43,360 --> 00:24:47,120
When the doctortold me Lisa was HIV+
306
00:24:47,360 --> 00:24:51,520
I cried and I criedand I cried for an hour...
307
00:24:54,280 --> 00:25:00,040
Firstly she was diagnosed withmeningitis, and then pneumonia
308
00:25:00,680 --> 00:25:03,160
Everyone was very scared to touch her.
309
00:25:05,160 --> 00:25:08,120
That's when I started to get angry
310
00:25:08,240 --> 00:25:12,000
and I just told myself, ''Ok,why am I keeping quiet of this?''
311
00:25:20,920 --> 00:25:23,960
As the symptoms ofhis own HIV infection worsened
312
00:25:24,320 --> 00:25:26,320
and his health deteriorated
313
00:25:26,840 --> 00:25:29,600
Zackie Achmat tooka momentous decision.
314
00:25:30,960 --> 00:25:32,680
As an internationally-known activist
315
00:25:32,800 --> 00:25:35,760
he would surely be ableto access ARVs.
316
00:25:36,320 --> 00:25:39,640
But for all those around himthe story was entirely different.
317
00:25:42,120 --> 00:25:48,000
If my sisters or brothers
or cousins had HIV, or had AIDS
318
00:25:48,200 --> 00:25:50,320
and needed medicines,
they wouldn't have been able to get it
319
00:25:50,520 --> 00:25:52,800
{\an8}and I grew up in a house
where your mum said
320
00:25:52,920 --> 00:25:55,240
{\an8}"If all the kids can't have chocolate
one is not going to have it."
321
00:26:00,200 --> 00:26:03,400
Having made up his mind,Zackie Achmat announced that
322
00:26:03,520 --> 00:26:05,720
he would boycott antiretrovirals
323
00:26:06,320 --> 00:26:10,000
until the South African governmentmade them available to everyone
324
00:26:22,800 --> 00:26:25,720
I think, that probably
made a big difference.
325
00:26:27,040 --> 00:26:29,880
Even Mandela at one point was saying''Please take the drugs...''
326
00:26:31,520 --> 00:26:33,560
When he phoned up and said
''I am coming to your house
327
00:26:33,680 --> 00:26:34,680
and you're going
to take your medicines'',
328
00:26:34,800 --> 00:26:37,160
I said to him, ''No, sorry,
that's not how I do business.''
329
00:26:42,360 --> 00:26:44,120
He is a role model
330
00:26:45,800 --> 00:26:50,240
and his action is based
on fundamental principle.
331
00:26:51,120 --> 00:26:54,520
It would have been futile
for me to come to him to say
332
00:26:55,040 --> 00:26:59,280
''I want you to change now,
to take drugs''
333
00:27:00,120 --> 00:27:02,640
because his position
334
00:27:02,760 --> 00:27:07,400
is that, as long as
drugs are not available
335
00:27:08,200 --> 00:27:12,800
to everybody, especially the poor,
he will not take them.
336
00:27:30,120 --> 00:27:33,320
I talked to people that workedfor the National Security Council.
337
00:27:33,600 --> 00:27:36,560
I talked to the World Bank,I talked to UNAIDS
338
00:27:37,000 --> 00:27:39,360
I talked to theWorld Health Organization
339
00:27:39,480 --> 00:27:41,720
the Office of AIDS forthe United States government
340
00:27:42,280 --> 00:27:43,640
and I kept asking them
the same question
341
00:27:43,760 --> 00:27:46,120
I said, ''If you didn't
have to worry about patents
342
00:27:46,560 --> 00:27:49,120
what would it cost to
create a treatment for AIDS
343
00:27:49,240 --> 00:27:50,880
for people in developing countries?''
344
00:27:51,480 --> 00:27:54,320
And I used to tell people''Look, if there were
345
00:27:54,560 --> 00:27:57,800
30-40 million white peoplethat didn't have access to treatment
346
00:27:58,120 --> 00:28:00,160
somebody would know
the answer to that question.
347
00:28:01,000 --> 00:28:02,320
Somebody would ask that question.
348
00:28:02,440 --> 00:28:04,640
Some Member of Congress
would want to know.
349
00:28:05,800 --> 00:28:07,800
It wouldn't just be kind of
350
00:28:08,600 --> 00:28:09,880
the unasked question.
351
00:28:10,000 --> 00:28:12,720
It would be the most important
question you could possibly imagine.
352
00:28:13,400 --> 00:28:15,880
And I was just shocked
at the lack of information.
353
00:28:19,040 --> 00:28:21,960
The man who got Love hisanswer was former journalist,
354
00:28:22,360 --> 00:28:24,200
advisor to President Kennedy
355
00:28:24,560 --> 00:28:28,520
and pioneering advocatefor generic drugs, Bill Haddad.
356
00:28:30,520 --> 00:28:33,320
{\an8}They wanted to know
where you could get the raw materials
357
00:28:34,080 --> 00:28:36,600
to make the AIDS medicines.
358
00:28:38,240 --> 00:28:41,640
Then I called up Agnes Varis,who was a friend
359
00:28:41,760 --> 00:28:46,040
and a big importer of raw materialsand she said, ''call Dr. Hamied...
360
00:28:46,640 --> 00:28:49,600
he's an iconoclast,
he's not afraid of the multinationals
361
00:28:49,720 --> 00:28:51,360
he's the one you need to talk to.''
362
00:28:56,480 --> 00:28:59,720
Yusuf Hamied was aCambridge-educated Indian chemist
363
00:28:59,800 --> 00:29:03,120
who ran a company called Cipla,based in Mumbai
364
00:29:03,440 --> 00:29:06,240
which his father had founded in 1935
365
00:29:07,960 --> 00:29:10,840
{\an8}Cipla had begun makinggeneric antiretrovirals
366
00:29:10,920 --> 00:29:15,280
{\an8}in the early 1990s at therequest of the Indian government.
367
00:29:16,920 --> 00:29:20,560
And within twenty minutes
I knew he was the person I had to see.
368
00:29:23,640 --> 00:29:28,600
In August 2000, Haddad and Lovemet Dr. Hamied in London
369
00:29:29,280 --> 00:29:31,480
along with ahandpicked group including
370
00:29:31,600 --> 00:29:35,520
Denis Broun, a leadingFrench expert on AIDS in Africa.
371
00:29:37,040 --> 00:29:39,120
{\an8}And it was supposed
to be a very secret meeting
372
00:29:39,840 --> 00:29:41,400
{\an8}I was in WHO at the time
373
00:29:41,520 --> 00:29:44,720
{\an8}I remember taking leave
and going in hiding to London.
374
00:29:46,360 --> 00:29:47,560
I asked Dr. Hamied...
375
00:29:47,960 --> 00:29:50,560
I said, ''Look,
what we're trying to figure out is
376
00:29:51,720 --> 00:29:53,400
at rock bottom prices.
377
00:29:55,000 --> 00:29:56,840
What would it cost
to get an AIDS drug?''
378
00:29:58,880 --> 00:30:01,640
The key to pricing in medicines
379
00:30:02,160 --> 00:30:06,920
{\an8}is the price of the active
pharmaceutical ingredient
380
00:30:07,840 --> 00:30:11,200
{\an8}If you can get that cheaply,
your end product is cheap.
381
00:30:13,280 --> 00:30:16,680
Hamied explained in detailhow an antiretroviral cocktail
382
00:30:16,800 --> 00:30:19,600
could be produced fora small fraction of the prices
383
00:30:19,720 --> 00:30:21,080
prevailing at the time.
384
00:30:22,360 --> 00:30:25,760
I felt the whole of Africa
was being taken for a ride.
385
00:30:27,720 --> 00:30:31,280
For a lot of us, it wasa kind of cultural revolution.
386
00:30:32,600 --> 00:30:35,240
Treatment for AIDS
was something for the rich.
387
00:30:35,360 --> 00:30:38,360
It was something which
was unthinkable for Africans.
388
00:30:40,160 --> 00:30:43,000
He was just transforming
the whole landscape
389
00:30:43,600 --> 00:30:46,600
and we decided to help
as much as we could.
390
00:30:51,200 --> 00:30:54,320
Hamied's father wasa devotee of Mahatma Gandhi
391
00:30:54,920 --> 00:30:57,920
who had studied pharmacyin Berlin at Gandhi's urging
392
00:30:58,560 --> 00:31:02,520
and later established Ciplain line with his mentor's firm belief
393
00:31:02,920 --> 00:31:05,280
that India neededto produce its own medicine
394
00:31:05,400 --> 00:31:07,560
in order to become self-reliant.
395
00:31:09,520 --> 00:31:13,080
We learnt a very important lessonfrom Mahatma Gandhi
396
00:31:13,640 --> 00:31:18,040
and that was that every country
has to decide for themselves
397
00:31:18,480 --> 00:31:19,840
their own destiny.
398
00:31:28,120 --> 00:31:30,120
Yusuf Hamied hadbeen the driving force
399
00:31:30,240 --> 00:31:32,440
in persuadingPrime Minister Indira Gandhi
400
00:31:32,560 --> 00:31:35,920
to rewrite India'spatent laws in the late 1960s
401
00:31:36,480 --> 00:31:38,400
so as to reducethe country's dependence
402
00:31:38,520 --> 00:31:41,320
on costly patentedmedicine from the West
403
00:31:43,320 --> 00:31:45,760
My idea of a better ordered world
404
00:31:45,960 --> 00:31:49,760
is one in which medical discoverieswould be free of patents
405
00:31:49,840 --> 00:31:53,480
and there would be noprofiteering from life or death.
406
00:32:01,640 --> 00:32:04,640
{\an8}Until 1970, India had some of
the highest drug prices in the world
407
00:32:04,800 --> 00:32:09,000
{\an8}and India's average life expectancy
for a man was in his forties.
408
00:32:10,000 --> 00:32:13,280
They changed the law andthe drug prices fell dramatically.
409
00:32:13,400 --> 00:32:15,600
Drugs were available,life expectancy shot up
410
00:32:16,040 --> 00:32:18,440
and a lot of other thingsimproved in society.
411
00:32:21,720 --> 00:32:25,400
The reason we set up
the system we have today
412
00:32:25,640 --> 00:32:27,600
from the drug industry's perspective
413
00:32:27,960 --> 00:32:31,000
is to maximise lives for humankind.
414
00:32:31,440 --> 00:32:34,120
{\an8}That's why we have patents,
that's why we have a free market.
415
00:32:35,200 --> 00:32:38,360
{\an8}These are not natural forces
born out of Mother Earth
416
00:32:38,480 --> 00:32:39,840
it's something we made up...
417
00:32:40,080 --> 00:32:42,440
patents are made up,
the free market is made up.
418
00:32:46,240 --> 00:32:49,320
Patent laws typicallygive the inventor of a product
419
00:32:49,640 --> 00:32:50,720
such as a drug
420
00:32:51,040 --> 00:32:53,800
a legal monopolyover its production and sale
421
00:32:54,080 --> 00:32:55,880
for a fixed number of years.
422
00:32:57,480 --> 00:33:01,480
The state gives the inventorof a new drug, like
423
00:33:01,600 --> 00:33:04,400
a prize, a grant of a favour.
424
00:33:05,800 --> 00:33:10,640
Exclusive rights to this inventionfor a period of twenty years.
425
00:33:14,760 --> 00:33:17,840
The patent laws are not international.
426
00:33:18,240 --> 00:33:21,840
They're national lawsand need-based for the country.
427
00:33:22,040 --> 00:33:27,640
Each country's needs are reflectedin the patent laws that they make.
428
00:33:30,680 --> 00:33:33,760
The patent system hasbeen perverted a great deal...
429
00:33:33,880 --> 00:33:35,680
{\an8}especially in the last quarter-century
430
00:33:42,600 --> 00:33:46,800
We make them because we believe thatwhen they are appropriately designed
431
00:33:47,040 --> 00:33:51,200
{\an8}they will promote innovation
and societal well-being.
432
00:33:52,240 --> 00:33:54,120
{\an8}But when they're not
appropriately designed
433
00:33:54,760 --> 00:33:56,440
{\an8}they will result in people dying
434
00:33:56,560 --> 00:33:58,840
and they will result in
a suppression of innovation
435
00:33:58,960 --> 00:34:00,720
and it's happened over and over again.
436
00:34:05,240 --> 00:34:09,080
I always give the
example of the first drug
437
00:34:09,280 --> 00:34:12,360
for AIDS-AZT.
438
00:34:14,679 --> 00:34:18,159
It was first invented in 1963.
439
00:34:19,400 --> 00:34:20,760
'63.
440
00:34:20,920 --> 00:34:27,880
{\an8}The first usage of AZT
in AIDS was 1985.
441
00:34:29,120 --> 00:34:30,000
Patented.
442
00:34:30,600 --> 00:34:34,800
So that patent lasted till 2005.
443
00:34:35,840 --> 00:34:39,400
Now, just before 2005, Glaxo says
444
00:34:39,520 --> 00:34:41,679
"AZT should not be used on its own.
445
00:34:42,560 --> 00:34:44,960
It's useless, should not be used.
446
00:34:45,239 --> 00:34:48,639
It should be used in
combination with Lamivudine.''
447
00:34:50,560 --> 00:34:54,000
That patent runs out in 2017.
448
00:34:55,280 --> 00:34:58,080
That means, directly and indirectly
449
00:34:58,280 --> 00:35:02,240
AZT, the first antiretroviral drug
450
00:35:03,320 --> 00:35:07,840
invented in '63, has been
covered under monopoly
451
00:35:09,800 --> 00:35:11,480
for 54 years.
452
00:35:14,040 --> 00:35:15,840
Is that what patenting is all about?
453
00:35:28,080 --> 00:35:33,080
In September 2000, Hamied was invitedto the European Commission in Brussels
454
00:35:33,560 --> 00:35:35,920
for high-level talksinvolving health ministers
455
00:35:36,040 --> 00:35:38,120
and heads of governmentfrom numerous countries
456
00:35:38,760 --> 00:35:41,800
{\an8}along with chief executivesof major pharma companies.
457
00:35:43,360 --> 00:35:45,120
The subject of theclosed-door meeting was
458
00:35:45,240 --> 00:35:50,440
access to medicine in the developingworld, above all for HIV/AIDS.
459
00:35:52,720 --> 00:35:56,040
{\an8}Cipla was sitting
between Merck and Glaxo.
460
00:35:56,760 --> 00:36:00,000
{\an8}First time they would
put a generic company there
461
00:36:00,520 --> 00:36:02,640
and everybody madetheir traditional speech
462
00:36:02,760 --> 00:36:05,920
and all of a suddenDr. Hamied got up and said
463
00:36:06,160 --> 00:36:09,480
"Friends, I represent the Third World
464
00:36:10,080 --> 00:36:13,520
I represent the needs andaspirations of the Third World
465
00:36:14,080 --> 00:36:16,880
{\an8}I represent the capabilitiesof the Third World
466
00:36:17,200 --> 00:36:20,680
and above allI represent an opportunity.
467
00:36:22,120 --> 00:36:26,080
We all have a responsibilityto alleviate the suffering of millions
468
00:36:26,200 --> 00:36:30,240
of our fellow menwho are afflicted with HIV and AIDS.
469
00:36:31,080 --> 00:36:34,120
We strongly believethat in the Third World
470
00:36:34,640 --> 00:36:37,360
there should beno monopolies for vital
471
00:36:37,640 --> 00:36:40,040
life-saving and essential drugs.
472
00:36:41,640 --> 00:36:44,040
We are the only manufacturer today
473
00:36:44,560 --> 00:36:48,640
{\an8}of one of the triple drug combinationsproven to be effective
474
00:36:49,280 --> 00:36:52,680
{\an8}We are ready to offer thiscombination internationally
475
00:36:53,040 --> 00:36:56,480
at US dollars eight hundredper patient per year.
476
00:36:57,640 --> 00:36:59,600
Apart from us, there isa growing number...
477
00:36:59,720 --> 00:37:04,320
{\an8}He said, ''Will you decide
to have patents and high price
478
00:37:04,400 --> 00:37:06,920
{\an8}or will you decide to
have the lives of people?''
479
00:37:10,120 --> 00:37:13,320
{\an8}We made three proposals
at that meeting.
480
00:37:13,480 --> 00:37:18,760
{\an8}One was to supply anti-AIDS
cocktail at eight hundred dollars
481
00:37:19,200 --> 00:37:24,000
Two, we would give the know-how
to produce anti-AIDS drugs
482
00:37:24,280 --> 00:37:26,240
to any Third World government
483
00:37:26,520 --> 00:37:29,280
who wanted the technologyto develop their own
484
00:37:29,600 --> 00:37:31,440
and we wouldgive the technology free.
485
00:37:32,440 --> 00:37:35,040
And third, we said that one of the drugs
486
00:37:35,280 --> 00:37:37,760
which stops the transmission of HIV
487
00:37:38,000 --> 00:37:41,360
mother to child, we wouldgive free throughout the world.
488
00:37:42,960 --> 00:37:45,560
{\an8}We call upon the participantsof this conference
489
00:37:46,120 --> 00:37:48,520
{\an8}to do what their conscience dictates.
490
00:37:49,320 --> 00:37:50,320
Thank you.
491
00:37:51,520 --> 00:37:54,400
It was devastating
to the group, I mean
492
00:37:54,720 --> 00:37:57,760
everybody was just
taking their breath in.
493
00:37:59,000 --> 00:38:01,960
Though Hamied's offer sentshockwaves through the political
494
00:38:02,080 --> 00:38:06,120
and pharmaceutical establishments,no one took him up on it.
495
00:38:07,320 --> 00:38:08,800
Nobody took us seriously
496
00:38:10,720 --> 00:38:14,320
and I was absolutely disillusioned.
497
00:38:50,400 --> 00:38:54,560
When I was young,heroin was a new thing in Manipur.
498
00:38:54,760 --> 00:38:59,720
The Golden Triangle is next doorand drugs were flooding in.
499
00:39:02,680 --> 00:39:06,800
There was noAIDS awareness at the time,
500
00:39:07,000 --> 00:39:10,640
so we used to share needles.
501
00:39:22,480 --> 00:39:29,080
When the doctor told me
I had tested positive...
502
00:39:29,680 --> 00:39:32,880
I never left my house forthe next three years.
503
00:39:37,000 --> 00:39:40,200
Even my close friends stopped visiting.
504
00:39:42,320 --> 00:39:45,800
I felt completely abandoned.
505
00:39:45,880 --> 00:39:48,200
I wanted to do something
506
00:39:48,440 --> 00:39:52,080
to prove that my lifewas worth living.
507
00:40:08,840 --> 00:40:12,680
No industry has made more profitover the past several decades
508
00:40:13,000 --> 00:40:15,600
than brand-name pharmaceuticals.
509
00:40:18,920 --> 00:40:21,320
At the time of Hamied's offer in Brussels
510
00:40:21,800 --> 00:40:25,440
the ten biggest pharma companieson the Fortune 500 list
511
00:40:25,840 --> 00:40:30,120
were more profitable thanthe other 490 companies combined.
512
00:40:35,680 --> 00:40:38,360
These companies spendfar more money on advertising
513
00:40:38,480 --> 00:40:40,800
and marketing than they do on R&D.
514
00:40:44,800 --> 00:40:48,720
{\an8}On average, less than one and a halfcents from every dollar in sales
515
00:40:49,040 --> 00:40:51,960
{\an8}goes to researchfor discovering new drugs.
516
00:40:55,840 --> 00:40:57,200
The pharmaceutical industry pretends
517
00:40:57,320 --> 00:40:59,240
that it's spending all this money
on research and development
518
00:40:59,360 --> 00:41:02,920
but in fact, vast amounts of
that money is spent on its sales force
519
00:41:03,040 --> 00:41:05,640
vast amounts of that money
is spent on dividends to shareholders
520
00:41:05,840 --> 00:41:08,760
vast amounts are spent
entertaining doctors
521
00:41:09,080 --> 00:41:12,640
and on huge salaries
to the heads of the companies
522
00:41:12,760 --> 00:41:15,560
and it's all coming off the backs
of the people who buy these drugs.
523
00:41:18,080 --> 00:41:20,600
They sell the drugs,
they don't do the R&D.
524
00:41:21,440 --> 00:41:23,440
They're not that good at R&D,
Big Pharma.
525
00:41:23,920 --> 00:41:26,640
Big Pharma is really big
through acquisition
526
00:41:26,760 --> 00:41:28,600
of other people's technology.
527
00:41:36,200 --> 00:41:38,480
Eighty-four percentof worldwide research
528
00:41:38,600 --> 00:41:42,560
for drug discovery is funded bygovernment and public sources.
529
00:41:43,720 --> 00:41:48,120
Pharmaceutical companies fundjust twelve percent of such research.
530
00:41:54,480 --> 00:41:55,920
I think you could say that
531
00:41:56,040 --> 00:41:59,440
taxpayers are actually paying several
times for the same drugs, yes.
532
00:42:03,920 --> 00:42:06,800
If you look at the HIV drugsthat are being sold,
533
00:42:07,080 --> 00:42:11,400
seven out of ten of them
were actually not invented
534
00:42:11,640 --> 00:42:14,480
by the people or the companies
that are selling them.
535
00:42:14,600 --> 00:42:17,600
...we're looking at the impurity profile,
it looks very good.
536
00:42:17,880 --> 00:42:22,040
Public-funded researchshould be free for the public.
537
00:42:26,720 --> 00:42:28,920
But while the drug companiesand politicians
538
00:42:29,040 --> 00:42:32,880
paid little attention to Hamied,Donald McNeil did.
539
00:42:34,720 --> 00:42:37,320
I think the story that was probably
the most important story
540
00:42:37,440 --> 00:42:39,240
I've ever written
in my career was that
541
00:42:39,360 --> 00:42:44,600
I went to India and
profiled Yusuf Hamied.
542
00:42:46,080 --> 00:42:47,760
And the reason it's important
543
00:42:47,880 --> 00:42:50,480
I think, is because up until then
544
00:42:50,960 --> 00:42:52,600
whenever you talked to
the pharmaceutical companies
545
00:42:52,720 --> 00:42:54,080
the implication was, ''Oh, you know
546
00:42:54,200 --> 00:42:55,960
if you let the patent
barriers come down
547
00:42:56,080 --> 00:42:57,560
if you get rid of
intellectual property
548
00:42:57,880 --> 00:42:59,520
pretty soon those drugs from India
549
00:42:59,640 --> 00:43:00,600
are going to start coming in.''
550
00:43:00,720 --> 00:43:02,680
And the implication was...
nobody would say it, but they always
551
00:43:02,800 --> 00:43:04,360
gave you the impression
that these are pirate drugs
552
00:43:04,480 --> 00:43:06,080
these are going to be counterfeits
553
00:43:06,200 --> 00:43:08,960
they're going to be dirty,
they're going to be substandard
554
00:43:09,560 --> 00:43:12,120
and I think most people
sort of bought into that idea.
555
00:43:13,520 --> 00:43:16,960
But when I got to IndiaI find spotless factories
556
00:43:17,080 --> 00:43:19,160
and I hadn't realised at the timethat an enormous amount
557
00:43:19,560 --> 00:43:22,480
of the generic drugssold in the United States
558
00:43:22,600 --> 00:43:24,840
were actually sourced in Indiain those same factories
559
00:43:24,960 --> 00:43:26,800
and many of the activeingredients for the
560
00:43:26,920 --> 00:43:28,640
brand-name drugs were sourced in India.
561
00:43:29,720 --> 00:43:31,720
A lot of his orders
came from the United States.
562
00:43:35,840 --> 00:43:37,240
The American pharmaceutical industry
563
00:43:37,360 --> 00:43:40,960
{\an8}takes enormous pride
in the quality of our products
564
00:43:41,640 --> 00:43:44,720
{\an8}and there is a very
significant issue in India
565
00:43:44,920 --> 00:43:47,600
{\an8}with respect to the quality of
the products that are being produced.
566
00:44:00,320 --> 00:44:03,000
They began to take out ads inthe South African papers which showed
567
00:44:03,200 --> 00:44:05,640
crying babies and legends saying
568
00:44:05,760 --> 00:44:07,960
"If you allow this drug law to pass
569
00:44:08,080 --> 00:44:12,560
it will allow counterfeit drugs into
the country that'll kill our children."
570
00:44:37,320 --> 00:44:42,000
As the year 2001 began, the architectsof the offer made in Brussels
571
00:44:42,120 --> 00:44:44,960
were confounded as towhy it had found no takers
572
00:44:45,480 --> 00:44:48,640
or even vocal support withinthe global AIDS community.
573
00:44:49,960 --> 00:44:52,480
Sensing they wouldonly have one more chance
574
00:44:53,040 --> 00:44:55,240
James Love called up Yusuf Hamied.
575
00:44:56,800 --> 00:44:59,440
I said, ''Look,
I need a very dramatic price
576
00:44:59,560 --> 00:45:01,920
for us to really
take this debate further.
577
00:45:02,480 --> 00:45:05,560
We have to show people
that things will really change
578
00:45:05,680 --> 00:45:07,520
if they deal with the patent issue.''
579
00:45:09,440 --> 00:45:12,720
After considering Love's appeal,Hamied and his colleagues
580
00:45:12,840 --> 00:45:16,480
took the decision to write offall production and overhead costs
581
00:45:16,720 --> 00:45:20,520
and offer the triple cocktail for theprice of its ingredients alone.
582
00:45:22,520 --> 00:45:24,640
It was a losing proposition at the time
583
00:45:25,120 --> 00:45:29,280
but we thought, ''Why shouldone make money on things that
584
00:45:29,520 --> 00:45:31,400
we know people can't afford?
585
00:45:32,120 --> 00:45:35,840
Let's go ahead and do this
on a humanitarian basis.''
586
00:45:36,840 --> 00:45:41,160
And he said ''I'll sell you
Nevarapine at 65 cents a day
587
00:45:41,920 --> 00:45:44,200
{\an8}and 3TC at 35 cents a day
588
00:45:44,960 --> 00:45:48,120
{\an8}and I'll throw in D4T for free
because they're so cheap to make.
589
00:45:48,960 --> 00:45:51,160
{\an8}So that'll be a dollar,
a dollar a day.''
590
00:46:16,280 --> 00:46:17,680
That was a watershed event.
591
00:46:18,760 --> 00:46:21,600
{\an8}Suddenly the price went from
15,000 dollars a year
592
00:46:21,720 --> 00:46:24,880
{\an8}down to 350 dollars a year
and that was just the dam breaking.
593
00:46:28,120 --> 00:46:30,280
Donald McNeil put it on thefront page of the New York Times
594
00:46:30,440 --> 00:46:32,440
and the Herald Tribune...and it was all over the planet.
595
00:46:35,800 --> 00:46:37,640
It was clearly the magic number.
596
00:46:38,200 --> 00:46:39,960
It completely changed things.
597
00:46:44,880 --> 00:46:48,120
What was different is
that it wasn't a pledge
598
00:46:48,680 --> 00:46:50,280
or something for the future.
599
00:46:50,560 --> 00:46:53,600
{\an8}You had the medicine in a little box
600
00:46:53,680 --> 00:46:55,640
and it could be delivered tomorrow.
601
00:46:55,840 --> 00:47:00,600
The synapse was there,so it wasn't pie in the sky.
602
00:47:08,640 --> 00:47:10,560
The breakthrough meant thatfor the first time
603
00:47:10,680 --> 00:47:13,640
governments and donors couldcontemplate actually treating people
604
00:47:13,760 --> 00:47:15,600
in poor countries for AIDS
605
00:47:15,840 --> 00:47:18,680
instead of simply tryingto limit new infections.
606
00:47:20,680 --> 00:47:22,840
I think if Cipla didn't take that step,
607
00:47:22,960 --> 00:47:24,680
and that is what
we must acknowledge,
608
00:47:25,000 --> 00:47:29,080
{\an8}of announcing a
350-dollar-a-year regimen
609
00:47:29,600 --> 00:47:32,160
{\an8}we would not have had
medicine in the way that we do.
610
00:47:37,480 --> 00:47:40,720
You know, if it was the
lives of white people at stake...
611
00:47:45,960 --> 00:47:47,760
How could the international community
612
00:47:48,080 --> 00:47:51,000
not know what it cost to save lives?
613
00:47:52,200 --> 00:47:54,440
Why did I have to be the person
to go out and figure out
614
00:47:54,560 --> 00:47:56,120
what it costs to make an AIDS drug?
615
00:47:56,400 --> 00:47:57,440
I didn't work for the government.
616
00:47:57,560 --> 00:47:59,280
I didn't work for the
World Health Organization
617
00:47:59,400 --> 00:48:01,120
or UNAIDS or the CIA or anyone else.
618
00:48:01,240 --> 00:48:02,680
I just worked for this little NGO.
619
00:48:03,720 --> 00:48:06,840
What was really going on was
that WHO didn't want to know
620
00:48:07,240 --> 00:48:09,680
what it cost to make an AIDS cocktail.
621
00:48:10,520 --> 00:48:14,400
UNAIDS didn't want to know
what it cost to make an AIDS cocktail.
622
00:48:15,040 --> 00:48:16,760
The United States government
didn't want to know
623
00:48:16,880 --> 00:48:18,400
what it cost to make an AIDS cocktail,
624
00:48:18,520 --> 00:48:19,840
and why didn't they want to know?
625
00:48:20,920 --> 00:48:23,720
Because if the public understood
that you could make an AIDS cocktail
626
00:48:23,840 --> 00:48:25,360
for two-three hundred dollars
627
00:48:25,840 --> 00:48:26,920
it wouldn't look very good.
628
00:48:28,480 --> 00:48:30,520
It would be an absolute
629
00:48:31,200 --> 00:48:35,280
intolerable set of facts
to have out there.
630
00:48:35,800 --> 00:48:38,000
So the way they weretrying to manage the situation
631
00:48:38,560 --> 00:48:41,760
{\an8}was to deliberately stay asignorant and as stupid as possible
632
00:48:41,880 --> 00:48:43,920
{\an8}about what the facts were.
633
00:48:48,080 --> 00:48:51,040
It was just a really
deep form of racism, I thought.
634
00:48:51,280 --> 00:48:54,560
It was just a completely
morally repugnant situation.
635
00:49:15,120 --> 00:49:17,520
Initial excitement aboutthe dollar a day offer
636
00:49:17,640 --> 00:49:19,800
soon gave way to a harsh reality.
637
00:49:20,920 --> 00:49:24,640
Although the price of ARVs was nowa tiny fraction of what it had been
638
00:49:25,080 --> 00:49:26,760
it remained largely out of reach
639
00:49:26,880 --> 00:49:29,120
to poor African familiesand their governments
640
00:49:29,920 --> 00:49:32,440
and in most countries,patents continued to block
641
00:49:32,560 --> 00:49:35,200
production and importation of generics.
642
00:49:37,680 --> 00:49:40,840
We managed to get peopleonto treatment by hook or by crook
643
00:49:40,960 --> 00:49:43,560
but it was really again
a case of rationing.
644
00:49:43,800 --> 00:49:47,600
{\an8}Only those lucky few were able
to get on to antiretrovirals
645
00:49:47,680 --> 00:49:50,280
yet so many people had to succumb.
646
00:49:55,720 --> 00:49:59,880
{\an8}You made decisions based on
who had children to bring up,
647
00:50:00,000 --> 00:50:02,520
who had opportunities.
648
00:50:03,880 --> 00:50:07,280
I guess, almost sort ofplaying God in a way.
649
00:50:12,520 --> 00:50:14,720
That was hard, really hard
650
00:50:15,600 --> 00:50:19,480
{\an8}to choose who goes first,
even within a family
651
00:50:19,600 --> 00:50:22,240
{\an8}being forced to choose...
''Is it a husband?
652
00:50:22,520 --> 00:50:24,680
Is it a wife? Is it a child?''
653
00:50:28,440 --> 00:50:31,280
Now there's a group of peoplehere at the hospital
654
00:50:31,400 --> 00:50:34,080
that decides whichpatients are best suited
655
00:50:34,200 --> 00:50:38,080
to receive these medicines
and your case was discussed already
656
00:50:38,360 --> 00:50:40,200
and it was decided that
you're one of the people
657
00:50:40,320 --> 00:50:42,480
that we would like
to give these medicines to.
658
00:50:44,320 --> 00:50:46,760
After hearing all that,
I mean, is it ok with him?
659
00:51:01,200 --> 00:51:04,440
I accept with all my heart.
660
00:51:10,720 --> 00:51:14,760
Appalled by the relentless carnage,Peter Mugyenyi,
661
00:51:15,200 --> 00:51:17,800
director of the continent'slargest AIDS research
662
00:51:17,880 --> 00:51:19,200
and treatment centre
663
00:51:19,440 --> 00:51:22,200
decided to take mattersinto his own hands.
664
00:51:23,680 --> 00:51:28,080
{\an8}I wrote to Cipla in India and said
665
00:51:28,200 --> 00:51:32,360
{\an8}''Would you please supply
us with antiretroviral drugs?''
666
00:51:34,040 --> 00:51:38,000
I knew where drugs wereand as a doctor it was my job
667
00:51:38,120 --> 00:51:40,000
to try and save my patients' lives.
668
00:51:50,440 --> 00:51:53,160
He ordered the medicinesin defiance of patent laws
669
00:51:53,280 --> 00:51:56,040
which still kept genericARVs out of the country.
670
00:51:58,520 --> 00:51:59,800
At Entebbe Airport,
671
00:52:00,120 --> 00:52:03,800
Ugandan customs officialsimmediately impounded the medicines
672
00:52:04,080 --> 00:52:06,320
and placed Mugyenyi under arrest.
673
00:52:07,920 --> 00:52:09,920
They were restrained by the same laws
674
00:52:10,000 --> 00:52:13,000
that were stopping drugsreaching many other countries.
675
00:52:13,800 --> 00:52:17,920
"Is there a law under which we could
let these drugs in to save lives?''
676
00:52:20,200 --> 00:52:23,400
Something had happened in theUnited States a few months earlier
677
00:52:23,640 --> 00:52:25,880
which gave Dr. Mugyenyi,reason for hope
678
00:52:26,000 --> 00:52:27,080
{\an8}It contained a brown
granular substance
679
00:52:27,280 --> 00:52:30,760
{\an8}that has today tested
positive for anthrax.
680
00:52:31,000 --> 00:52:32,520
Now, the employee from NBC...
681
00:52:32,640 --> 00:52:37,160
In response to a series offatal anthrax attacks just after 9/11
682
00:52:37,480 --> 00:52:38,960
the US government had cited
683
00:52:39,080 --> 00:52:42,320
a public healthemergency as valid legal cause
684
00:52:42,440 --> 00:52:45,760
for suspending the patenton an essential drug called Cipro.
685
00:52:47,920 --> 00:52:50,400
For a moment people in theUnited States were afraid about
686
00:52:50,520 --> 00:52:53,760
access to medicine, and
the patent was perceived
687
00:52:53,880 --> 00:52:56,040
to be a problem in the United States.
688
00:52:57,960 --> 00:53:00,160
The United States governmentbasically went to Bayer and said
689
00:53:00,280 --> 00:53:01,640
''If you don't push the price of
690
00:53:01,760 --> 00:53:05,640
Ciprofloxacin-Cipro down immediately
we're just going to cancel your patent
691
00:53:05,720 --> 00:53:07,000
and buy generic drugs from India.
692
00:53:07,800 --> 00:53:09,200
You know, we have the right to do that.''
693
00:53:15,120 --> 00:53:19,240
But a very different set of rulesseemed to apply to African countries
694
00:53:19,960 --> 00:53:22,320
{\an8}which were warned inno uncertain terms that
695
00:53:22,440 --> 00:53:26,200
{\an8}any attempt to suspendpatents on life-saving ARVs
696
00:53:26,560 --> 00:53:29,360
{\an8}using the same publichealth emergency defense
697
00:53:29,880 --> 00:53:32,240
{\an8}would be met with a ferocious response.
698
00:53:34,240 --> 00:53:36,920
{\an8}The United States comes down
like a ton of bricks.
699
00:53:37,200 --> 00:53:41,040
{\an8}It threatens all kinds of sanctions
and says you're violating the WTO.
700
00:53:50,200 --> 00:53:51,360
Back at Entebbe
701
00:53:51,840 --> 00:53:55,320
with Peter Mugyenyistubbornly refusing to stand down,
702
00:53:55,720 --> 00:53:57,960
the Ugandan authorities finally agreed
703
00:53:58,080 --> 00:54:01,440
to allow the generic ARVsfrom India into the country,
704
00:54:02,120 --> 00:54:05,320
gambling that Western governmentswould ultimately not punish them
705
00:54:05,440 --> 00:54:09,920
for taking steps to save their peoplefrom dying in unprecedented numbers.
706
00:54:12,920 --> 00:54:18,200
The gamble paid off, as generic ARVsstarted flowing into Uganda
707
00:54:18,920 --> 00:54:22,160
and the blockade of low-costAIDS drugs for Africa
708
00:54:22,560 --> 00:54:24,040
was effectively broken.
709
00:54:25,960 --> 00:54:27,600
That was a turning point.
710
00:54:28,520 --> 00:54:30,960
The numbers thatcould afford treatment
711
00:54:31,440 --> 00:54:37,440
went up tenfold,
which is unprecedented.
712
00:54:58,480 --> 00:55:01,560
The arrival of generic drugsto fight AIDS in Africa
713
00:55:01,680 --> 00:55:05,000
was cause for serious concernto the global pharma companies
714
00:55:05,600 --> 00:55:09,040
which perceived any easingof patent restrictions in poor countries
715
00:55:09,400 --> 00:55:11,480
even on humanitarian grounds
716
00:55:11,840 --> 00:55:16,240
as a potential threat to theirfuture profits in key Western markets.
717
00:55:18,280 --> 00:55:20,280
I think what theywere really worried about
718
00:55:20,400 --> 00:55:23,440
were the political consequences.
719
00:55:25,480 --> 00:55:27,200
{\an8}If Americans saw
720
00:55:27,560 --> 00:55:31,800
{\an8}that they had to pay
10,000 dollars for a year's treatment
721
00:55:32,120 --> 00:55:35,760
and somebody in another countrywas paying 150 dollars,
722
00:55:36,080 --> 00:55:39,120
they would say,
''Why do we have to pay so much?''
723
00:55:42,000 --> 00:55:46,360
There's a very big fear that they wouldruin their own business model
724
00:55:46,480 --> 00:55:48,640
{\an8}and I think that is understandable.
725
00:55:50,240 --> 00:55:53,560
{\an8}Drug companies are not there
to protect the Third World
726
00:55:53,760 --> 00:55:57,040
{\an8}They're there to make money.
Pure and simple, that's it.
727
00:56:00,960 --> 00:56:02,680
Calls for mass treatment of AIDS
728
00:56:02,800 --> 00:56:05,200
in poor countries weregrowing louder, however
729
00:56:05,560 --> 00:56:09,640
since people now knew low-costgeneric ARVs were available
730
00:56:11,280 --> 00:56:13,120
At a special meeting in Africa
731
00:56:13,520 --> 00:56:16,360
United Nations Secretary-GeneralKofi Annan
732
00:56:16,560 --> 00:56:20,240
announced the international community'slong-awaited response.
733
00:56:22,200 --> 00:56:25,360
I propose the creation
of a global fund
734
00:56:25,920 --> 00:56:29,160
{\an8}dedicated to the
battle against HIV/AIDS
735
00:56:29,440 --> 00:56:31,920
and other infectious diseases.
736
00:56:35,560 --> 00:56:38,400
The Global Fund was formed in 2002
737
00:56:38,960 --> 00:56:41,760
but it soon becameclear that saving lives
738
00:56:41,880 --> 00:56:43,760
was not the only priority.
739
00:56:45,520 --> 00:56:48,840
{\an8}The US government,
the US representative
740
00:56:49,160 --> 00:56:52,560
{\an8}said that if they bought
generic drugs with that money
741
00:56:52,800 --> 00:56:55,120
the US would pull out its commitment.
742
00:56:55,360 --> 00:56:59,120
21 million deaths from AIDS is enough!
743
00:57:00,320 --> 00:57:03,480
We were working with
the drug companies
744
00:57:03,920 --> 00:57:06,520
to make reduced access to medicine.
745
00:57:08,760 --> 00:57:11,480
But suddenly thingstook an unexpected turn.
746
00:57:12,440 --> 00:57:15,200
With the United Statespoised to invade Iraq
747
00:57:15,680 --> 00:57:20,000
President George W. Bush's2003 State of the Union address
748
00:57:20,240 --> 00:57:23,160
was to be one of the mostclosely-watched in history.
749
00:57:26,080 --> 00:57:28,080
Today, on the continent of Africa
750
00:57:30,040 --> 00:57:32,720
nearly 30 million people
have the AIDS virus.
751
00:57:33,880 --> 00:57:37,680
Yet across that continent
only fifty thousand AIDS victims...
752
00:57:38,520 --> 00:57:42,680
only fifty thousand
are receiving the medicine they need.
753
00:57:44,360 --> 00:57:45,920
Many hospitals tell people
754
00:57:46,600 --> 00:57:49,480
''You've got AIDS, go home and die''
755
00:57:50,680 --> 00:57:53,080
In an age of miraculous medicines
756
00:57:53,720 --> 00:57:56,320
no person should
have to hear those words.
757
00:58:00,480 --> 00:58:01,840
I ask the Congress to commit
758
00:58:01,960 --> 00:58:04,560
15 billion dollars
over the next five years
759
00:58:04,800 --> 00:58:07,920
to turn the tide against AIDS
in the most afflicted nations
760
00:58:08,040 --> 00:58:10,240
of Africa and the Caribbean.
761
00:58:16,000 --> 00:58:18,880
Peter Mugyenyi hadbeen consulted on the plan.
762
00:58:20,400 --> 00:58:24,920
I was right there seatednext to the First Lady
763
00:58:25,600 --> 00:58:28,760
and that was themost exhilarating moment
764
00:58:29,120 --> 00:58:32,880
of my career workingin the area of HIV/AIDS.
765
00:58:34,480 --> 00:58:38,800
The program, the President'sEmergency Plan for AIDS Relief
766
00:58:39,040 --> 00:58:42,400
would come to be knownby its acronym, PEPFAR.
767
00:58:44,160 --> 00:58:48,000
Antiretroviral drugs
can extend life for many years
768
00:58:49,400 --> 00:58:51,120
and the cost of those drugs
769
00:58:51,840 --> 00:58:54,240
has dropped from
12,000 dollars a year
770
00:58:54,880 --> 00:58:56,960
to under 300 dollars a year.
771
00:58:58,200 --> 00:59:01,480
Seldom has history offered
a greater opportunity
772
00:59:01,840 --> 00:59:04,920
to do so much for so many.
773
00:59:08,200 --> 00:59:09,560
They mentioned the generic price.
774
00:59:09,680 --> 00:59:11,000
Everyone paid attention to it
775
00:59:11,120 --> 00:59:12,840
because they thought
that was really a signal.
776
00:59:15,200 --> 00:59:18,640
Bush appeared to be endorsingthe same generic ARVs
777
00:59:18,920 --> 00:59:21,000
which the US governmentwas battling hard
778
00:59:21,120 --> 00:59:23,280
in other places to keep out of Africa.
779
00:59:25,400 --> 00:59:28,600
I talked to Mitch Daniels,the head of OMB
780
00:59:28,960 --> 00:59:31,360
the people that do the purse stringsfor the federal government.
781
00:59:32,080 --> 00:59:34,760
When the price of AIDSdrugs fell to a dollar a day
782
00:59:34,880 --> 00:59:37,800
he felt that they had anobligation to support treatment
783
00:59:39,440 --> 00:59:43,320
He also said the entire decision
to do treatment through PEPFAR
784
00:59:43,440 --> 00:59:46,160
was based on the idea that
they could buy from Indian suppliers.
785
00:59:48,640 --> 00:59:51,240
Uncharacteristically, theWhite House had not consulted
786
00:59:51,360 --> 00:59:54,600
the powerful US pharma lobbyin any significant way
787
00:59:54,880 --> 00:59:56,680
prior to announcing the plan.
788
00:59:57,840 --> 01:00:00,600
The industry was caughtalmost completely off-guard
789
01:00:00,920 --> 01:00:02,320
but quickly fought back.
790
01:00:02,920 --> 01:00:05,680
Within days, theadministration distanced itself
791
01:00:05,800 --> 01:00:09,480
from the 300 dollar genericARV figure, and appointed
792
01:00:09,600 --> 01:00:13,360
a stalwart Big Pharma insiderwith no background in public health
793
01:00:13,680 --> 01:00:16,560
to the newly-createdposition of AIDS Czar.
794
01:00:18,720 --> 01:00:21,840
Unfortunately, when people today say
795
01:00:22,120 --> 01:00:27,200
{\an8}"We ought to buy generic AIDS drugs",
they're not describing in many cases
796
01:00:27,320 --> 01:00:30,360
{\an8}what we imagine when we think
797
01:00:30,480 --> 01:00:32,920
about generic drugs
here in the United States.
798
01:00:33,040 --> 01:00:34,920
{\an8}It would be a disasterif we invested...
799
01:00:35,040 --> 01:00:38,960
{\an8}Rather than low-cost generic ARVs,the PEPFAR money
800
01:00:39,080 --> 01:00:42,040
{\an8}would be used to buyhigh-priced branded drugs
801
01:00:42,520 --> 01:00:45,720
{\an8}meaning far fewer liveswould be saved by the program.
802
01:01:03,680 --> 01:01:05,760
If you ran the numbersthere was no way
803
01:01:05,880 --> 01:01:07,320
{\an8}given the available price structure
804
01:01:07,440 --> 01:01:09,040
{\an8}that all the money
they put in the Global Fund
805
01:01:09,160 --> 01:01:10,920
{\an8}and all the money
President Bush and Congress
806
01:01:11,040 --> 01:01:14,400
{\an8}would give to the American effort
was going to be enough to
807
01:01:14,960 --> 01:01:17,960
{\an8}save the number of people
that had to be saved in a hurry.
808
01:01:20,400 --> 01:01:25,400
In 2003, the Clinton Foundationbegan consolidating drug orders
809
01:01:25,520 --> 01:01:28,280
from numerous governmentsand aid organisations
810
01:01:28,400 --> 01:01:29,960
to help bring ARV prices
811
01:01:30,080 --> 01:01:34,440
for hard-hit developing countriesdown to never-before-seen levels.
812
01:01:36,000 --> 01:01:38,800
It was clear to me that nomatter how much money they put in
813
01:01:38,920 --> 01:01:41,200
it would never be enoughunless they can buy generics.
814
01:01:48,520 --> 01:01:50,640
{\an8}We have been
partners for three years
815
01:01:51,520 --> 01:01:55,640
and as a result of that partnership
an enormous number of people
816
01:01:55,760 --> 01:01:58,960
are alive today in the world
who would not be alive.
817
01:01:59,520 --> 01:02:01,640
We began with providing...
818
01:02:02,440 --> 01:02:06,280
Though many felt Clinton haddone a poor job on AIDS as President
819
01:02:06,640 --> 01:02:09,760
his foundation's high volumeordering of generics
820
01:02:10,000 --> 01:02:13,480
was critical to bringing pricesfor ARV treatment in Africa
821
01:02:13,760 --> 01:02:16,360
down to below 100 dollars per year.
822
01:02:18,080 --> 01:02:20,200
{\an8}What’s your message
to developed countries
823
01:02:20,280 --> 01:02:23,400
who refuse to give low-cost
drugs to fight AIDS?
824
01:02:25,360 --> 01:02:28,520
We could be treating
three-four times as many people
825
01:02:29,080 --> 01:02:32,320
without any increase in funds,
maybe even more.
826
01:02:32,760 --> 01:02:34,840
So I hope that my visit here will...
827
01:02:36,640 --> 01:02:38,760
Gradually, theever-growing price difference
828
01:02:38,880 --> 01:02:41,400
between generic and branded ARVs
829
01:02:41,720 --> 01:02:44,880
and the sheer scaleof human tragedy in Africa
830
01:02:45,280 --> 01:02:48,480
made it impossible fordonor programs to continue spending
831
01:02:48,600 --> 01:02:51,880
vast sums on thefar more expensive drugs.
832
01:02:52,920 --> 01:02:56,240
The Global Fund and PEPFARfinally committed themselves
833
01:02:56,360 --> 01:02:58,360
to buying generic ARVs
834
01:02:58,960 --> 01:03:01,960
{\an8}and the numbers of peopleon treatment exploded.
835
01:03:09,800 --> 01:03:12,560
It was, I can say, a miracle.
836
01:03:14,200 --> 01:03:16,160
We had dying people.
837
01:03:17,000 --> 01:03:20,480
Maybe this patient will die tomorrow,
this patient will die today
838
01:03:20,760 --> 01:03:22,840
but once they started
the antiretrovirals
839
01:03:22,960 --> 01:03:25,200
I am not lying to you,they survived.
840
01:03:26,440 --> 01:03:31,440
{\an8}You are expecting them
to die, but they disappoint you.
841
01:03:39,000 --> 01:03:43,240
When she was a year...Lisa started the ARVs
842
01:03:45,560 --> 01:03:49,960
She started changing...bit by bit, step by step...
843
01:03:52,400 --> 01:03:55,760
Now she can talk very, very loud
844
01:03:56,040 --> 01:03:58,120
she's walking, she's a child...
845
01:03:58,240 --> 01:04:01,040
she's a normal childlike the other children.
846
01:04:13,440 --> 01:04:17,000
{\an8}I must admit I was very nervous...
very, very nervous...
847
01:04:18,720 --> 01:04:20,960
but the only side effect I experienced
848
01:04:21,080 --> 01:04:23,240
was the fact I startedscrubbing floors.
849
01:04:24,240 --> 01:04:27,400
Nothing else...
I could concentrate, I could read
850
01:04:27,520 --> 01:04:32,320
I could work... and itchanged, everything changed.
851
01:04:35,280 --> 01:04:39,200
Zackie Achmat had decidedto end his boycott of ARVs
852
01:04:39,520 --> 01:04:42,520
once his government committeditself to extending treatment
853
01:04:42,640 --> 01:04:44,720
to all South Africans in need.
854
01:04:46,680 --> 01:04:50,560
Generic ARVs had begunto reach patients on a mass scale
855
01:04:51,080 --> 01:04:55,800
and the impact on peopledying of AIDS was swift and dramatic.
856
01:05:00,880 --> 01:05:06,560
After I started on ARVs,
I began to feel normal again.
857
01:05:08,680 --> 01:05:14,640
Later I began training
to be a bodybuilder.
858
01:05:18,040 --> 01:05:22,720
When I won the
Manipur state title in 2007
859
01:05:22,840 --> 01:05:29,640
I disclosed my HIV status
publicly the very next day.
860
01:05:33,000 --> 01:05:36,560
For someone who was
bedridden and waiting to die
861
01:05:36,760 --> 01:05:41,120
winning the state title
felt like touching the sky.
862
01:05:51,840 --> 01:05:56,280
The medicine isgiving me a new life.
863
01:05:59,720 --> 01:06:01,160
The doctor told me that
864
01:06:01,240 --> 01:06:04,120
I can live only for two yearsor something like that
865
01:06:04,240 --> 01:06:05,960
and after that I will die.
866
01:06:07,360 --> 01:06:09,760
Till now I am living, so
I am not dying.
867
01:06:16,000 --> 01:06:18,880
People continuefive years out to take
868
01:06:18,960 --> 01:06:21,040
{\an8}almost a hundred
percent of their doses
869
01:06:21,560 --> 01:06:24,600
{\an8}and remain virally suppressed
on the same regimen.
870
01:06:24,760 --> 01:06:26,440
{\an8}It's extraordinary.
871
01:06:28,040 --> 01:06:31,240
The so oft-repeated argumentthat people in poor countries
872
01:06:31,360 --> 01:06:35,120
would not be able to faithfullyfollow the drug regimens
873
01:06:35,240 --> 01:06:37,400
was to be proven completely wrong.
874
01:06:38,960 --> 01:06:43,040
A lot of journalists asked us,
"Are you sure about your data?
875
01:06:43,160 --> 01:06:44,200
{\an8}Are you not...?"
876
01:06:44,360 --> 01:06:47,000
{\an8}They were suggesting that
we were 'cooking' the data
877
01:06:47,120 --> 01:06:51,360
{\an8}because they were actually
better than in the Western world
878
01:06:51,800 --> 01:06:53,680
which was unbelievable!
879
01:07:00,240 --> 01:07:02,960
There was this sort of incrediblefierce determination
880
01:07:03,080 --> 01:07:06,200
to show that in factnot only was it feasible
881
01:07:06,320 --> 01:07:09,160
but we could do it better thanmany parts of the world.
882
01:07:14,720 --> 01:07:18,120
I always remind them,what was happening before
883
01:07:18,680 --> 01:07:21,840
when we didn’t have the ARVs...
884
01:07:38,520 --> 01:07:41,240
I wanted to showthat people like us
885
01:07:41,400 --> 01:07:45,440
are just as good asany other human being.
886
01:07:46,360 --> 01:07:49,080
Thank you Mr. K. N. Pradip
Kumar Singh of Manipur.
887
01:07:49,200 --> 01:07:51,480
Tag number eight...
Thank you very much.
888
01:07:51,840 --> 01:07:55,440
And the 55 kg category is
in the favour of bodybuilder
889
01:07:55,560 --> 01:08:00,640
from Manipur, Mr. K. N. Pradip
Kumar Singh, tag number eight.
890
01:08:11,680 --> 01:08:15,280
I want to dedicate thisto my mother.
891
01:08:27,720 --> 01:08:31,399
With low cost generic ARVsnow saving millions of lives
892
01:08:31,520 --> 01:08:34,120
in the developing world,many believed that
893
01:08:34,240 --> 01:08:36,479
better access to all types of medicine
894
01:08:36,600 --> 01:08:39,000
for the world's poor would soon follow.
895
01:08:40,399 --> 01:08:44,880
The drug companies, however, hadno intention of giving up so easily.
896
01:08:47,479 --> 01:08:50,880
Seeing a threat to itsmonopoly system on the horizon
897
01:08:51,160 --> 01:08:55,040
the global pharma industry hadalready mobilised Western governments
898
01:08:55,520 --> 01:08:57,240
led by the United States
899
01:08:57,640 --> 01:09:01,560
to use the World TradeOrganization, or WTO
900
01:09:01,920 --> 01:09:04,200
as a vehicle to forcedeveloping countries
901
01:09:04,319 --> 01:09:08,160
into adopting strictWestern-style patents on medicine.
902
01:09:09,720 --> 01:09:13,760
{\an8}The protocol they used to do thisis known as the TRIPS Agreement.
903
01:09:15,080 --> 01:09:18,960
{\an8}The international tradeagreement that was called TRIPS
904
01:09:19,080 --> 01:09:21,359
{\an8}'Trade Related Intellectual Property'
905
01:09:21,840 --> 01:09:24,279
{\an8}It was an agreement that was
906
01:09:24,560 --> 01:09:26,720
{\an8}for the interests of the
advanced industrial countries
907
01:09:27,399 --> 01:09:29,120
{\an8}for the pharmaceutical industry
908
01:09:29,600 --> 01:09:34,920
but did not reflect the interestsof those in developing countries.
909
01:09:43,960 --> 01:09:46,880
TRIPS effectively tookcontrol of drug patents
910
01:09:47,000 --> 01:09:50,359
out of the hands of nationalgovernments in the developing world
911
01:09:50,920 --> 01:09:52,080
and put it into those of
912
01:09:52,200 --> 01:09:55,000
the Western-controlledWorld Trade Organization
913
01:09:55,520 --> 01:09:57,800
which has draconian powersto punish countries
914
01:09:57,920 --> 01:10:00,040
it views as stepping out of line.
915
01:10:01,480 --> 01:10:05,000
This was widely seen as adirect attack on Third World generics
916
01:10:05,400 --> 01:10:07,880
by the powerful global drug industry.
917
01:10:09,480 --> 01:10:12,400
The drug companies wantedto prevent South Africa
918
01:10:12,520 --> 01:10:14,400
from making medicinesaffordable because
919
01:10:14,520 --> 01:10:16,720
they had the 'domino effect' in mind.
920
01:10:18,240 --> 01:10:20,600
{\an8}South Africa goes,
India goes, Brazil goes
921
01:10:20,720 --> 01:10:24,200
{\an8}Thailand goes,
Argentina goes, and so on
922
01:10:24,960 --> 01:10:27,400
{\an8}and then of course
what about the United States?
923
01:10:28,120 --> 01:10:31,600
Which is their biggest market,the biggest market of them all
924
01:10:31,920 --> 01:10:33,520
because United States consumers
925
01:10:33,640 --> 01:10:38,360
have exactly the same sort of brains
that we have... in the end.
926
01:10:41,080 --> 01:10:46,720
When the trade negotiatorssigned the agreement
927
01:10:47,200 --> 01:10:50,440
to make access tomedicine more difficult
928
01:10:50,720 --> 01:10:52,520
they were signing the death warrants
929
01:10:52,960 --> 01:10:55,680
for thousands of people
in the developing countries.
930
01:10:55,800 --> 01:10:58,120
That's not where they were focusing,
they were celebrating
931
01:10:58,960 --> 01:11:02,400
but in fact that waswhat they were doing.
932
01:11:07,440 --> 01:11:10,400
And they knocked outwhat was the dream of the world
933
01:11:10,760 --> 01:11:12,080
which was the Indian system.
934
01:11:16,320 --> 01:11:19,880
The drug companies mighthave lost a battle over AIDS drugs
935
01:11:20,320 --> 01:11:22,520
but with TRIPS, they won the war.
936
01:11:23,720 --> 01:11:26,480
Facing the full force of the WTO
937
01:11:26,760 --> 01:11:30,320
India and other key developingcountries lost the legal ability
938
01:11:30,440 --> 01:11:33,800
to make low-cost genericversions of newer drugs
939
01:11:34,800 --> 01:11:37,200
and the consequences forbillions of people
940
01:11:37,280 --> 01:11:40,920
living in the global south arepotentially catastrophic.
941
01:11:42,920 --> 01:11:46,000
{\an8}So for the next generation of drugs,
needed drugs
942
01:11:46,440 --> 01:11:49,360
{\an8}which people desperately
need to stay alive
943
01:11:49,480 --> 01:11:51,840
{\an8}they're not going to be there
except at the high prices.
944
01:11:56,600 --> 01:11:58,440
What is likely to happen?
945
01:11:59,360 --> 01:12:00,680
People are going to die.
946
01:12:02,120 --> 01:12:03,520
To me, that is genocide.
947
01:12:08,520 --> 01:12:11,080
India has gone into the system of
948
01:12:11,360 --> 01:12:12,360
{\an8}patenting in health
949
01:12:13,240 --> 01:12:14,800
{\an8}which I don't think
is a good system
950
01:12:15,200 --> 01:12:17,760
{\an8}but they had no
alternative to accepting.
951
01:12:21,320 --> 01:12:23,080
In the area of pharmaceuticals
952
01:12:23,200 --> 01:12:25,840
and particularly in thearea of life-saving drugs
953
01:12:26,320 --> 01:12:29,480
{\an8}if you can't get the right
to that drug, your citizens die
954
01:12:30,040 --> 01:12:32,280
{\an8}and forcing a country to sign a law
955
01:12:32,400 --> 01:12:34,520
{\an8}that says, "Ok,
we'll let our citizens die
956
01:12:34,640 --> 01:12:36,240
so you can keep
your patent monopolies
957
01:12:36,360 --> 01:12:38,960
and your prices up"3
seems to be amoral.
958
01:12:58,920 --> 01:13:02,200
When we had under
a dollar a day, it was symbolic.
959
01:13:02,360 --> 01:13:03,640
We are now at one-third of it.
960
01:13:05,080 --> 01:13:09,600
The question is will thesefuture drugs remain cheap?
961
01:13:15,480 --> 01:13:18,840
Since the early 1970s,India has supplied
962
01:13:19,040 --> 01:13:21,560
low-cost medicineto the developing world.
963
01:13:22,720 --> 01:13:25,880
But this lifeline to billionsof the world's poorest people is
964
01:13:26,000 --> 01:13:30,120
being severed as the TRIPSpatent provisions take hold,
965
01:13:30,800 --> 01:13:34,480
with no alternative source ofaffordable medicine anywhere in sight.
966
01:13:36,560 --> 01:13:39,360
{\an8}They have us as their hostages.
967
01:13:40,040 --> 01:13:44,680
{\an8}If we face an emergency
here in Africa we shall die
968
01:13:45,040 --> 01:13:48,000
because the laws don't protect us.
969
01:13:54,600 --> 01:13:56,200
Lack of access to medicine
970
01:13:56,320 --> 01:13:59,280
increasingly affects peoplein Western countries as well.
971
01:14:00,640 --> 01:14:02,880
Almost half ofall Americans now say that
972
01:14:03,000 --> 01:14:05,640
they are unable to affordtheir prescription drugs
973
01:14:06,360 --> 01:14:08,840
a number which growswith each passing year.
974
01:14:11,200 --> 01:14:15,400
{\an8}In the US, to stay
healthy and well and not die
975
01:14:15,520 --> 01:14:17,080
{\an8}is not a basic human right
976
01:14:17,880 --> 01:14:20,560
{\an8}and that's why we have
the system we do have here.
977
01:14:23,760 --> 01:14:26,400
The companies can't continue
to take the position
978
01:14:26,560 --> 01:14:28,280
''Ah, they're just Africans,
let them die''
979
01:14:28,640 --> 01:14:30,360
and it's going to be even
harder for them to take the position
980
01:14:30,480 --> 01:14:32,520
''Ah, they're just old Americans,
let them die...''
981
01:14:36,640 --> 01:14:40,480
There isn't a single state that
could continue providing healthcare
982
01:14:40,560 --> 01:14:44,760
{\an8}at the levels and cost that
exists because of drug company
983
01:14:44,840 --> 01:14:46,840
{\an8}and health technologycompany profiteering.
984
01:14:47,000 --> 01:14:48,880
{\an8}So the problem isnot going to go away.
985
01:14:51,600 --> 01:14:53,640
{\an8}Whether it's General Motorsrunning bankrupt
986
01:14:53,760 --> 01:14:55,640
because they can't affordtheir healthcare bill
987
01:14:56,000 --> 01:14:57,600
or whether it's peoplewho need the medicine
988
01:14:57,760 --> 01:15:01,480
who will form a most unusual alliance
989
01:15:01,800 --> 01:15:05,840
to either force change or
to end the system as we know it.
990
01:15:09,680 --> 01:15:12,200
It is often argued thatthe global drug companies
991
01:15:12,320 --> 01:15:15,440
fought low-cost AIDSmedication in poor countries
992
01:15:15,760 --> 01:15:17,520
because they fearedit might force down
993
01:15:17,600 --> 01:15:19,960
prices for theirown products in the West.
994
01:15:22,160 --> 01:15:25,400
But this fear provedtotally unjustified.
995
01:15:26,480 --> 01:15:29,240
Even as ARV prices inAfrica and the global south
996
01:15:29,360 --> 01:15:30,960
were continuously falling
997
01:15:31,600 --> 01:15:35,200
prices in the United Statesremained virtually unchanged.
998
01:15:45,840 --> 01:15:50,640
The drug industry has acted based on
the financial incentives that they have
999
01:15:50,920 --> 01:15:53,560
that we have set up
in the Western world.
1000
01:15:53,680 --> 01:15:55,720
I mean, we're all
responsible for this in a way.
1001
01:15:58,080 --> 01:16:00,760
We need to do some
things here to make sure
1002
01:16:00,880 --> 01:16:03,880
we're not just killing off
millions of people
1003
01:16:04,240 --> 01:16:06,640
because of a lack of access to drugs
1004
01:16:10,640 --> 01:16:13,600
At the beginning of the millenniumperhaps eight thousand people
1005
01:16:13,760 --> 01:16:17,480
with HIV in Africa hadaccess to life saving drugs.
1006
01:16:18,480 --> 01:16:21,040
Just over a decade laterthe number on treatment
1007
01:16:21,200 --> 01:16:24,280
in developing countrieswould pass 8 million
1008
01:16:24,800 --> 01:16:28,240
virtually all of themtaking generic ARVs from India.
1009
01:16:30,720 --> 01:16:35,320
In the years after antiretroviraltherapy was proven effective however
1010
01:16:35,760 --> 01:16:38,480
it is estimated thatten million or more people
1011
01:16:38,640 --> 01:16:41,520
in the global southdied of AIDS,
1012
01:16:41,640 --> 01:16:44,840
because Western drug companiesand governments denied them
1013
01:16:45,000 --> 01:16:48,320
access to affordableand available medication.
1014
01:16:50,720 --> 01:16:52,760
It's devastated countries...
1015
01:16:53,200 --> 01:16:56,040
it's become a majorforeign policy problem...
1016
01:16:56,160 --> 01:16:58,400
it's become a military problem...
1017
01:16:58,920 --> 01:17:02,320
and the medicines are thereand they are affordable.
1018
01:17:02,560 --> 01:17:06,160
It's undera hundred dollars a year now.
1019
01:17:06,760 --> 01:17:09,280
{\an8}So there we are, and I...
1020
01:17:11,840 --> 01:17:14,400
{\an8}you know, to tell you
the truth I have dreams...
1021
01:17:18,040 --> 01:17:19,120
Cut it for a minute.
1022
01:17:21,000 --> 01:17:23,000
{\an8}All those people
who had the power to stop it
1023
01:17:23,080 --> 01:17:24,920
{\an8}including drug company executives
1024
01:17:25,840 --> 01:17:27,800
{\an8}are responsible for
all those deaths...
1025
01:17:28,720 --> 01:17:33,600
of lives that could have beensaved between 1996 and 2003
1026
01:17:35,040 --> 01:17:39,520
and the rich world didn't care
until poor people mobilised.
1027
01:17:44,520 --> 01:17:49,520
"You fight our patent monopolies,
we will make sure you die!"
1028
01:17:50,320 --> 01:17:52,080
I mean, that was their attitude.
1029
01:17:57,480 --> 01:18:00,360
We have discovered
so many things in the world
1030
01:18:01,280 --> 01:18:03,800
and we cannot fail to discover
1031
01:18:03,920 --> 01:18:06,720
a formula where business
1032
01:18:06,960 --> 01:18:10,960
can continue and prosper,
and poor people
1033
01:18:11,320 --> 01:18:13,880
don't have to pay
the price with their lives.
1034
01:18:21,240 --> 01:18:24,040
As long as there aremonopolies on medicine
1035
01:18:24,480 --> 01:18:28,400
millions of people will continueto die needlessly every year.
1036
01:18:28,880 --> 01:18:32,160
With life-saving drugspriced out of their reach
1037
01:18:33,200 --> 01:18:36,120
most of those savedby generic ARVs
1038
01:18:36,440 --> 01:18:40,480
will eventually need newer secondand third line drugs to survive.
1039
01:18:41,160 --> 01:18:44,320
But with TRIPS and ever harsherpatent measures ensuring that
1040
01:18:44,440 --> 01:18:46,960
few of these canbe made in generic form
1041
01:18:47,560 --> 01:18:50,640
millions now living healthyand productive lives
1042
01:18:50,760 --> 01:18:54,080
will again face death forlack of available medicine.
1043
01:18:56,240 --> 01:18:58,080
When it became
a life or death question
1044
01:18:58,480 --> 01:19:03,280
it's obvious that the whole TRIPS
system is going to have to be amended
1045
01:19:06,520 --> 01:19:09,560
so that we don't have these fights
that cause people to die
1046
01:19:09,680 --> 01:19:11,480
we can never let this happen again.
1047
01:19:14,160 --> 01:19:16,640
People have to figure out
that they don't have to accept
1048
01:19:18,360 --> 01:19:21,440
a pessimistic, crappy future.
They can change things.
1049
01:19:22,280 --> 01:19:25,400
You can change things, I can
change things, we can change things.
1050
01:19:27,080 --> 01:19:33,320
We have made the mightiest industry
in the world shake in its boots!
1051
01:19:47,440 --> 01:19:52,200
Clearly, once you have a system
that appeared to work first
1052
01:19:52,320 --> 01:19:56,960
but then all of a sudden excludes
millions of people in the US...
1053
01:19:58,120 --> 01:20:00,920
maybe billions of people
around the whole globe,
1054
01:20:01,200 --> 01:20:02,760
you should sit back and ask yourself
1055
01:20:03,040 --> 01:20:04,360
"Well, does this really make sense
1056
01:20:04,480 --> 01:20:06,840
or do we have to change something
or tweak something here?"
1057
01:20:06,960 --> 01:20:09,840
And then you get into the trouble of,
why would anybody
1058
01:20:09,960 --> 01:20:13,040
who is benefitting from this system
want to change or tweak it?
1059
01:20:13,520 --> 01:20:15,560
None of the people
who make money off of it
1060
01:20:15,800 --> 01:20:19,520
none of the people who derivepower out of it want to change it.
1061
01:20:21,480 --> 01:20:23,440
But again,
if you have enough pressure
1062
01:20:23,760 --> 01:20:26,880
if things get bad enough,
people do change...
1063
01:20:27,440 --> 01:20:30,120
and I guess this film is part of that.
94739
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