Yes, and I think my NGO colleagues would want to argue strongly that this was never intended purely and solely for HIV. That's my preoccupation, not theirs. They would argue, I think, equally that this listing of particular drugs is not compatible with the open opportunity that was given by the TRIPS and WTO arrangement. We've added our own particular stamp, which is a limiting stamp.
I think the sense of intimidation lies in the feeling that all of these countries are tremendously susceptible to pressure around international trade agreements. The pharmaceutical industries have very powerful friends, particularly in the United States.
You'll remember that when South Africa wanted to lower the prices of drugs, a consortium of over 40 pharmaceutical companies took the South African government to court. How much stronger could the sense of “Don't you dare confront us” be displayed? The pharmaceutical companies were forced to back off, with a degree of ignominy and humiliation, only because the world responded. It was just outrageous that the pharmaceutical companies could think they could bludgeon a whole government into submission by taking them to court, and threatening to pull out, and all of that.
It's a very delicate situation. I've never fully understood it, because I don't see that the brand name pharmaceuticals have a very large market in Africa. They're not losing a lot; they're protected for their prices in the western world, where they make their profits and do their research. I would think this piece of legislation could be repaired and made real.