I thought this might be of interest to all of you
fellow CMLers:

[Ecumenical News International]  Archbishop
Desmond Tutu has put his weight behind a campaign
to get the Swiss pharmaceutical company Novartis
to drop a law suit against the Indian government
to challenge the patent law of the world's second
most populous nation.  
"People, not profits, must be at the centre of
patent law for medicines," said Nobel Peace Prize
Laureate, Tutu, the former Anglican Archbishop of
Cape Town in a statement backing a campaign by
the Geneva-based Ecumenical Advocacy Alliance for
universal access to essential medicines. 

The EAA said in a 14 February statement that many
civil society campaigners are pointing out that
India's law contains elements that help put
people before patents, "but Novartis is trying to
force a change in the law".  

"Novartis has been refused a patent for a cancer
medicine, Gleevec, on the grounds that the
medicine was simply a new form of an old medicine
with a trivial change, something which cannot be
patented under Indian law," noted the EAA.
"Novartis is not only seeking to overturn this
decision but also to challenge the law itself and
the way in which India has implemented
international trade rules on intellectual
property." 

Medicines manufactured in India are imported by
many developing countries since India has become
a manufacturing hub for generic versions of drugs
patented elsewhere. More than half of the
medicines currently used for HIV and AIDS
treatment in developing countries come from
India, said the EAA. 

Ranjit Shahani, managing director of Novartis
India, was, however, quoted by Asia News
International on 11 February as saying that the
significance of the case in India was beyond the
issue of acquiring patent rights for Glivec as
the drug is known in India. 

"This whole case is about gaining clarity.
Clarity is important not only for government,
industry, but also for the patients," Shahani was
quoted saying by ANI. "Patents save lives, and
innovation and discovery is very important for
public health.

This case is not only about granting patents for
Glivec, but also [so that] incremental
innovations are granted patents."  

India did not grant patents till 2005, till the
World Trade Organization's Trade Related Aspects
of Intellectual Property Rights (TRIPS) agreement
obligated it to review its policy. 

The EAA said that in other countries where
Novartis has obtained a patent for Gleevec, it is
sold at US$2600 per patient a month. In India
generic versions of the drug are sold for less
than US$200 a patient per month. 

The Rev. Ishmael Noko, general secretary of the
Lutheran World Federation, declared, "Novartis'
proclaimed mission is 'to ease suffering and to
enhance the quality of life'. But this case is
not about prioritising life. It has every
appearance of protecting wealthy corporate
interests at the expense of the health of
millions for whom access to affordable medicines
is a matter of life and death." 

A ministerial declaration of the World Trade
Organization in 2001 affirmed that international
trade rules on patents "can and should be
interpreted and implemented in a manner
supportive of WTO members' right to protect
public health and, in particular, to promote
access to medicines for all". 

The EAA said India has designed a patent system
that aims to reward genuine innovation and
protect public health. The country's law says it
is not possible to patent "the mere discovery of
a new form of a known substance which does not
result in the enhancement of the known efficacy
of that substance". 

Bishop Yvon Ambroise, of the commission for
justice and peace of the Catholic Bishop's
Conference of India said: "How can Novartis
justify asking for the right to patent changes to
a medicine that bring no new benefit? We support
practices that encourage and reward real
innovation and progress in improving the health
of people in need. We condemn practices that
trivialise innovation for the sake of maximising
corporate profits."




 
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