E-DRUG: FT: India's opposition rejects law
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India's opposition rejects drug law
By Edward Luce in New Delhi and Andrew Jack in London
March 18 2005 02:00
India's opposition Hindu nationalist BJP has come out strongly against New Delhi's plans to enact a ground-breaking patent law for pharmaceutical products.
The move could jeopardise the passage of the bill. Manmohan Singh, prime minister, yesterday expressed disappointment with the tactics of the BJP, which had drafted the law last year before it was turned out of office.
The BJP's change of position adds to the critical voice of the communist bloc of parties on whom Mr Singh's coalition government relies for its majority. If both blocs voted against the bill it would be defeated and it is not clear what amendments are required to pass it.
GlaxoSmithKline, India's largest drug company by sales, expressed frustration at the latest uncertainty. Russell Greig, president of international pharmaceuticals at GSK, said: "This is a step backwards for India. Without quick and full implementation of the patent bill, India's potential as a base for investment, research and development and innovation will not be fully realised."
The debate comes as a growing number of Indian and international civil groups have attacked the law, due to come into force this year as part of India's obligations in joining the World Trade Organisation.
India used to champion developing country opposition to tough patent regimes. But it altered its stance with the rise of a robust domestic pharmaceutical sector that invests in research and development and is keen to align with foreign multinational drug groups in protecting intellectual property.
Critics argue that the law would prevent the export to other developing countries of vital future drugs, such as the "three-in-one pill" of anti-retrovirals for people suffering from HIV/Aids. India supplies drugs to about half the 700,000 HIV-infected people being treated in the developing world.
Midecins Sans Frontihres, the French medical charity, said: "The availability of affordable fixed-dose therapy manufactured in India has revolutionised Aids treatment in developing countries. Sources of new low-cost medicines will dry up globally."
Yusuf Hameid, head of Cipla, one of the main generic manufacturers of HIV drugs in India, welcomed the BJP's move yesterday. "The Indian public will rise up against these patent proposals, which are one of the biggest tragedies India will face," he said. "Innovation can wait. India can't afford drugs now."
India's Congress coalition has also come under fire from groups that support the country's full compliance with WTO treaty obligations. The Consumer Unit Trust Society, a pro-free trade research group based in Jaipur, says the law is badly drafted and does not include safeguards permitted under the WTO's intellectual property protection regime.