E-DRUG: MSF and 250,000 people urge Novartis to drop its court case in India
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[MSF press release about the Novartis-India court case; E-drug understands
that the Indian government has asked for, and was granted a postponement.
The MSF action continues as before, and you can still add your signature to
the nearly 250,000 others at:
http://www.msf.org/petition_india/international.html
WB]
NEARLY A QUARTER OF A MILLION PEOPLE URGE NOVARTIS TO DROP ITS COURT CASE IN
INDIA
Company would effectively be shutting down the pharmacy of the developing
world
New Delhi/Geneva, 29 January 2007 As pharmaceutical company Novartis
proceeds with its legal challenge against the Indian government in a court
hearing in Chennai today, nearly a quarter of a million people from over 150
countries have expressed their concern about the negative impact the
companys actions could have on access to medicines in developing countries.
The Indian Network for People with HIV/AIDS (INP+), the Peoples Health
Movement, the Centre for Trade and Development (Centad), together with the
international medical humanitarian organisation Médecins Sans Frontières
(MSF), called on the company again today to immediately cease its legal
action in India.
Many developing countries rely on affordable medicines produced in India,
and such medicines constitute over half the AIDS drugs used in the
developing world. India has been able to produce affordable versions of
medicines patented elsewhere because until 2005, the country did not grant
pharmaceutical patents.
Novartis is trying to shut down the pharmacy of the developing world, said
Dr. Unni Karunakara, Medical Director of MSFs Campaign for Access to
Essential Medicines, at a press briefing in New Delhi. Indian drugs
account for at least a quarter of all medicines we buy, and form the
backbone of our AIDS programmes, in which 80,000 people in over 30 countries
receive treatment. Over 80% of the medicines we use to treat AIDS come from
India. We cannot stand by and let Novartis turn off the tap.
Novartis is challenging a specific provision in Indias patent law that
restricts patenting of medicines to innovations only. If the provision were
overturned, patents would be granted far more widely in India, heavily
restricting the production of affordable medicines that has become crucial
to the treatment of diseases across the developing world.
Here in India, the Peoples Health Movement fought hard to make sure our
government implemented a law that put peoples health before patents and
profits, said Dr. Amit Sengupta But now, Novartis is trying to force a
change in our patent law, which could deprive people suffering from
life-threatening diseases and conditions.
Rules of the World Trade Organizations Agreement on Trade-related Aspects
of Intellectual Property Rights (TRIPS) obliged India to begin reviewing
pharmaceutical patents in 2005. The TRIPS agreement, however, includes
pro-public health safeguards that countries can implement, and India has
merely included some of these in its patent law. The Doha Declaration on
TRIPS and Public Health, signed by governments in 2001, reinforced the right
of countries to use these safeguards.
The TRIPS Agreement already makes it difficult for India to produce the
affordable drugs that people need, said Gopakumar of Centad. By
challenging the pro-public health safeguards in the Indian law, Novartis is
going even further and is trying to undo the Doha Declaration, restricting
access to medicines.
One provision of the Indian law states that any interested party can oppose
a patent before it is granted in a pre-grant opposition process. Such
oppositions have been filed against numerous patent applications on
essential medicines that do not warrant patents under Indian law.
We have opposed patent applications for crucial AIDS drugs that we need to
be able to access at affordable prices, said Elango Ramchandar, President
of INP+. Our survival depends greatly on winning these patent oppositions.
We need everyone, everywhere to join us in our effort to get Novartis to
back off here in India.
The international petition urging Novartis to drop the case is ongoing. To
sign the petition and for more information, visit: www.msf.org.
Contact:
Sheila Shettle, MSF: + 91.98.10.34.46.79
Leena Menghaney, MSF: +91.98.11.36.54.12
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[MSF also published some info on the importance of India as a source of
affordable generics:]
EXAMPLES OF THE IMPORTANCE OF INDIA AS THE PHARMACY FOR THE DEVELOPING
WORLD
QUICK OVERVIEW:
· India is the main supplier of essential medicines for developing
countries.
· 67 % of medicines produced in India are exported to developing
countries.
· Main procurement agencies for developing countries health
programmes purchase their medicines in India, where there are quality
products and low prices.
· Approx. 50% of the essential medicines that UNICEF distributes in
developing countries come from India
· 75-80% of all medicines distributed by the International Dispensary
Association (IDA) to developing countries are manufactured in India. (IDA
is a medical supplier operating on a not-for-profit basis for distribution
of essential medicines to developing countries.)
· In Zimbabwe, 75% of tenders for medicines for all public sector
health facilities come from Indian manufacturers
· The state procurement agency in Lesotho, NDSO, states it buys nearly
95% of all ARVs from India.
Antiretroviral medicines (ARVs) for AIDS treatment:
India is the worlds primary source of affordable ARVs, as it is one of the
few countries with the capacity to produce these newer medicines as
generics. Therefore, all AIDS programmes use India as their main source of
products.
· 80% of ARVs MSF uses are purchased in India and are distributed in
treatment projects in over 30 countries.
· Globally, 70% of the treatment for patients in 87 developing
countries, purchased by UNICEF, IDA, the Global Fund (GFATM) and the Clinton
Foundation since July 2005 has come from Indian suppliers.
· PEPFAR, the US Presidents AIDS initiative also purchases ARVs from
India for distribution in developing countries, thus resulting in
cost-savings of up to 90%. 89% of the generic ARVs approved by the US Food
and Drug Administration for PEPFAR are from India.
· 90% of the ARVs used in Zimbabwes national treatment programme come
from India.
Raw materials:
In addition, raw materials are exported from India to other countries, such
as Brazil, for local production of affordable medicines. This has been
crucial to enabling national AIDS programmes to provide universal free
access to ARVs.