E-drug: Patent law (cont'd)
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Dear e-druggers,
This is just to support what was stated by David Henry and Joel
Lexchin with reference to criticism by Amir Attaran of their report. It is
true that patents apply to individual products not to a class. However,
apart from the point that true price competition is absent between
patented products of the same class, which effectively puts whole
classes of new drugs out of reach of many countries that do not
provide drug coverage, one also needs to see the entire issue from
the point of view of the way pharmaceuticals are marketed in
developing countries. The way physicians are influenced and the new
drugs are unethically pushed and irrationally prescribed, the new
drugs lands up being prescribed even in the presence of other
cheaper and effective substitutes, which are perceived or made to be
to be perceived, as being less effective.
It is common knowledge that patents are applied for almost at the
same time in countries all over the world. Even if an LDC does not
have a drug covered under patent, most probably the country would
not have the capacity to produce the generic equivalent. The
discussions to give effect to para 6 of Doha are being stalled over by
the multinationals acting through certain governments. The question
also is whether the small order placed by a country in an emergency,
would be in a quantity considered viable for commercial production by
the generic manufacturers. If the entire package is not considered
viable, then this package that is being hailed as path breaking will
remain an unopened package. There must be some study done as to
at what level/volume production could be viable including
developmental costs.
It is also necessary for governments to give effect to other provisions
to soften the impact of the TRIPS agreement. Steps such as drug
price control and legislation on rational drug prescribing are important
steps. However, countries that had a reasonably strong drug price
control systems like India are dismantling the same under MNC
pressure at a time when they should be at their strongest, as the
country is going for product patents in 2005. rational drug prescribing
is difficult to enforce especially when the bulk of the prescribing is in
the private sector.
While patents are not the only cause of the mess that we are in and
the greater mess we are heading for, marketing practices of drug
companies and the lack of foresight of governments are further
complicating matters.
Dr Srinivas
Deputy Secretary Public Health
Ministry of Health and Family Welfare
Room 202, Nirman Bhavan
Delhi-110011
(Comments made in personal capacity only)
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