Lead Author: Jorge Roque
Organization: Diferenca Real
Dear Madame Sirs
I am very glad for UN dedicates so much importance to this crucial aspect for our age.
My name is Jorge Roque, from Portugal, lawyer in Human Rights, activist in the Drugs Reform field,even more known for my fight for the Decriminalization of Drugs Use and the collaboration with several international organizations as Encod, or INPUD director, I have being dedicating the majority of my energy analyzing and studying the Pharma control over the international drugs policy.
Somehow I was placed on the first line of this "war", because I started to be contacted by some of the big Pharma Labs to help them entering in Portugal, not by humanitary principles, but because they were trying to use the Drugs Decriminalization place for getting profit with a plant that couldnt be targeted in Patent, the cannabis. For my sad surprise, it was not the problems that illicit drugs produce in society, but in how to make money with it, their great objective. Also the NGOs started to receive much funds for fighting for Harm Reduction Industry, instead of Rights, so I realized that it will not be a "delicate" approach, that will get changes, only a strong posture from UN could produce effective results.
My first job was in the Pharma industry and I saw labs using Patents and sell an equal molecule five times more expensive, so I used these knowledge they gave me. Because the reality is that is not by the expensive costs for investigate a new, effective molecule, the reality is that the pharma industry got out of control and now is just in the hands of cold organizations that only use the argument Life to profit. Othewise a rational distribution of costs through hundreads of universities that are working in the same subject, would reduce at least 90 times the price.
So, we can not trust in an individual option of supporting alone the costs as an excuse for obtaining a super expensive medecine, because the only reason of that choice is to get the Patent and make a fortune alone.
Yes, all of this has to be done, well and it will be done, but the most important, the key for an effective change, it will be the Strategy!
30 years ago my bosses already had the "magical" words: - "its expensive, because millions are needed to get to an effective molecule".
We are never restricted by a legal convention that restricts the access to Life and denies the international cooperation for Peace written in the article 1 nº 3 of UN Chart and according my International Law professor, now Minister of Defense in Portugal (Azeredo Lopes) rules over all international conventions, especially the economics, where the Patent protection allows that the value material get over the value life.
That is why I present a strategy of controling the Value of Image through a big Media Global Event about the real importance of a medecine with the UN Human Prizes and through a concentrations of all resources in the world to get time and to decrease costs.
A better new World
IMPACT ON POLICY COHERENCE: To what extent does the contribution reduce the incoherence in rules between rights of inventors, international human rights laws, trade rules, and public health objectives? Does it address systems-wide incoherence, or does it address a specific aspect?
It adress all aspects.
This question in formal therms, would be similar as to ask" how banks can offer more loans, by free? "
I mean there is too much money in Pharma industry, there are many material and human resources, but the problem is that there is no interest in reorganizing labs, resources, knowledge, universities, that could decrease the costs of investigation at least 80% and the time of reaching the molecule in more than 90%, but as now the objective is not to reduce the costs, but increase the price, it will never be possible to achieve better prices, if we keep the support to an exclusive profit industry. Also when each lab wants to make its own full research, for getting with the exclusivity of profit, the delay that all this individual policy produces, just makes to grow the demand.
So, when we need a medicine that all Humans can access, first we need to split Health from Business, Life from Greed!
IMPACT ON PUBLIC HEALTH: Explain how the expected results will improve access to health technologies. Explain the significance of the proposal in terms of incentivising innovation to address the health needs of all.
The concentration of all resources will make decrease the costs and time. The Image of being "an Human Star", or a Villan will split the business from the real health necessity and that will increase the search of low prices.
Also the reports that a New Independent Scientific Department from UN will have in defining what is a real necessity in health and priority and what is still not a certain because it is not better than the UN Placebo Test and/or it is not a real necessity, it has not the value, the degree of recognition as an important necessity for Humanity, it will allow that the Health Ministers save money on that product and to use it for other Health Urgent Necessities.
ADVANCING HUMAN RIGHTS: To what extent do the contributions incorporate and demonstrate the link to fundamental human rights and the right to health?
The global information changed so much the world, that the majority of countries dont even want to confront the situation, because if before it was easy a rich country to corrupt and explore any country, now all people react to any abuse if known and global information makes it known and the global knowledge woke up all persons in the globe about how they were explored by fake intentions, the access to medicines or the deny to it creates too much hate. The attempt to offer the access medicines at better prices to all, it will be seen as a great step for Human Kind.
True respect for Human Rights in all planet it is an huge advance!
IMPLEMENTATION: Describe the political, financial and institutional work that would need to be taken to bring the contribution to its expected results. Describe how your contribution advances sustainable health outcomes.
- In Court it will not be hard for a team of expert international lawyers to win, because the Conventions signed under the UN Principles has to obbey to the juridic spirit of the article 1,nº 3 (UN Chart), at least my international law professor (Azeredo Lopes) in many conversations we had about this subject, he always argue that the value Life could never be denied by the value Patrimony and he is now the Ministry of Defense, so the Pharma Labs will have to prove in Court that he is wrong and it will never be based on honesty and justice that the Patent protection will exist free for protect some and make others to suffer.
- Court - Expert Lawyers
Apply the article 1 nº 3 of UN (..international cooperation, solve economic, social problems...) and at least reduce to a few years (5,6) the monopoly of Patent exclusive protection.
This conflict if not "harmonized" will end destroying the Patent value and many countries are already deciding to copy all interesting molecules and the actual fragility of world social peace will not allow an economic restriction to China, India, Brazil, neither Islamic countries, that is why we have a position of: "better one bird in the hand of labs, that all pills at 5 cents"..., this forces UN to have a stronger position, but it will need a great courage and decision in advancing with it!
- Creation of 3 Departments:
1- Division what is Health what is Business- Cosmetic-Placebo?
- Independent Science of Human Life.
-Independent True Science vs Science Dependent of Profit.
Without that, all be useless, ruled without control from a group that will buy law, disease and cure.
2- What is a Human Priority Need and what is an Economic Individual Interest?
-Department of Joyning All Resources from all countries.
- The UN needs a strong true intention to change something, otherwise it will be just a cosmetic business in the hands of criminals that delay and make harder the solutions for health because to control the offer allows to control the demand, so to be player or to be an humanist- In Court it will not be hard for a team of expert international lawyers to win, because the Conventions signed under the UN Principles has to obbey to the juridic spirit of the article 1,nº 3 (UN Chart), at least my international law professor (Azeredo Lopes) in many conversations we had about this subject, he always argue that the value Life could never be denied by the value Patrimony and he is now the Ministry of Defense, so the Pharma Labs will have to prove in Court that he is wrong and it will never be based on honesty and justice that the Patent protection will exist free for protect some and make others to suffer.
3- Human Media Prizes.
The force to conquer such a difficult objective, confronting such a powerful industry could look like a distant uthopy, but if we attack the "Achille`s Heel", the effort is not so huge, so conflictive and with much more eficience could be achieved.
The Health Industry is based on the image of trust, without that people would look to it more and more as the Thalidomide sellers.
The solution for achieve a reorganization for decreasing the prices passes for the "Image Status".
Image of promoting the Human Heroes, or the Villans.
The better way is to create The UN Prizes a big event, a mix of Oscars more Nobel Prize, as the:
UN Best Human 2017! This year goes to dr. Smith creator of a cure to lung cancer. He will not need more than 1, 2 million dollars, because the "Oscar" has a social value of about 200 million dolars.
The most expensive medicine 2017. is Minumini from X Lab.
Next year this lab will not want win this "prize" again. Otherwise the Lab will suffer bad image and defined as Anti Humanity Organization.
Suffering the attack to the real" health utility" in other medicines belonging to this Pharma, about 30 to 40% of medicines have the same effect than a placebo, meaning that they are a nothing, just a cost.The risk of loosing the certain for the uncertain profit will open substancially the superior position that the disease business presents with the signed convention of economic patents.
The UN can develop a mark of Placebo, where the scientific studies, made by real scientists, neutral scientists, because nowadays science is ordered and payed to obtain a specific result. All medecines from not Human Friendly Labs would have all their products showed under the real effect compared with the UN Placebo.
* Countries as China, Brazil, India, Indonesia , Islamic countries will not keep being subservients to the west exclusive profit laws. Not even USA will start a war just for defending the money of a few unterprises, specialy because it costs much and would cost much more to their tax payers.
- Human Costs Organization -Analyzing the real global, true costs joyning Universities Investigation, Human Resources share.
The major problem that new discoveries could be obtained is exactly because, the objective of getting the exclusivity stops the share of knowledge and close faster methods if they can not guaratee a patent. The attempts to delay the investigation of other enterprises is current, so to use the price high costs is an attempt to true.
Determination and Defenition of what are Fundamental Medicines for the Human Race and those will be the medicines that will be target of UN priority,
- Giving more space for the Activists and groups that denounce the Human Rights and Health restrictions, it will allow that UN could moderate both extreme positions, but supporting the true global vision reaching all people.
- This Strategy that I present do not needs much more money, because it is about how to use much better the resources we already have.
The UN Prices could be expensive, but it could be supported by television, public health departments, artists that are open for Human Events and other independent donators.
- As last resource, it will need to be given the illicit drugs destribution to the Pharma industry, as they want and that could also solve the criminal drugs problem, but this will be a new debate.
* This Project can be Publicized
References and Bibliography
Charter of the United Nations.