E-DRUG: MSF response to India's rejection of patents on key HIV/AIDS drugs
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India has rejected patents on two life-saving HIV/AIDS drugs, tenofovir and
darunavir. Tenofovir is a key HIV/AIDS drug recommended by the World Health
Organisation for improved first-line treatment of HIV/AIDS. Darunavir is
one of new class of expensive HIV/AIDS drugs that are needed by patients
failing on their existing treatments. Access to both medicines is currently
limited by their high price.
'This is a really important day for HIV patients in developing countries.
The rejection of the patents on tenofovir opens up the market for new
generic competitors to drive down the price of this key HIV/AIDS drug,'
says Michelle Childs, Director of Policy at MSF's Access to Essential
Medicines Campaign. 'Gilead now needs to remove any remaining contractual
provisions that stop some generic companies from supplying tenofovir to
other countries where there is no patent, for example Brazil where the
patent on tenofovir has also been rejected. The decision regarding
darunavir is significant because the drug is one of the newest and most
expensive of HIV/AIDS drugs.These decisions highlight the success and
importance of Section 3(d) and opposition procedures in India's patent law
to safeguard public health. Other countries which need access to affordable
essential drugs should look at India and build similar public health
safeguards into their own patent law.'
Section 3(d) of India's patent law prohibits 'evergreening' - the practice
of multinational pharmaceutical companies of making small, trivial changes
to existing medicines in order to extend the period of patent monopoly on a
drug, thereby preventing the entry of generic competitors into the market
and keeping drug prices high.
Laura McCullagh
Communications Officer/Web Editor
Medecins Sans Frontieres
Campaign for Access to Essential Medicines
Tel:+41 22 849 89 00
E-mail: Laura.McCullagh@geneva.msf.org
www.msfaccess.org
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