VARIOUS: Protesters call on pharmaceutical multinational Novartis to drop its legal challenge to the Indian government's patent laws as the Swiss company's success in the case could impede access to drugs for millions of people across the g

HIV/AIDS patients in New Delhi protest against Swiss multinational Novartis AG's decision to go ahead with its legal challenge against the provision of Indian patent law specifically meant to restrict the scope of licensing on drugs. Protesters and aid organisations fear that any favourable verdict for the company could undermine India's capability to supply affordable medicines to the developing and least developed countries. Protesters chanted on the streets of New Delhi on Monday (January 29) during a demonstration against pharmaceutical major Novartis, which is challenging a provision in India's patent law that restricts patenting of medicines to innovations only. Norvatis' legal action came in the wake of India emerging as a manufacturing hub of generic versions of HIV drugs patented elsewhere in the world. India did not grant patents till 2005, when the World Trade Organisation's Trade Related Aspects of intellectual Property Rights (TRIPS) agreement obligated it to review its policy. However, under certain safeguards provided by the agreement, India could restrict patents to medicines qualifying as 'innovations.' India's generic drugs come at prices much lower than their patented counterparts manufactured by big companies by Novratis. Developing countries around the world depend on generic drugs for this reason. This is true even for aid agencies like Medecins Sans Frontieres (MSF) and UNICEF, that procures 50 per cent of the medicines it distributes among developing countries from India. The Madras High Court in India's southern Chennai city postponed hearing on the case to February 15. HIV patients came from various parts of the country to participate in the protest, asserting a decision in favour of Novartis could in effect lessen their chances of survival. "Many generic drugs are manufactured in India. We demand that there be no restrictions, from the government or the big pharma companies, on such companies. We want Novartis to take its case back," said Leena Menghany, one of the demonstrators. Pharmaceutical companies argue patents and subsequent profits in turn fund research and development in the field and thus, save lives. But Dr.Unni Karunakara, Medical Director, Medicines Sans Frontiers, said: "Several reports have come out over the past years, saying that basically patents do not actually guarantee the kind of innovation we need to save lives in developing countries. That is just not happening. There are several diseases where there is absolutely no research and development being done." In Nairobi, the international medical humanitarian organisation Medecins Sans Frontieres (MSF) said the 80,000 people it treats for AIDS in the developing world will suffer if Novartis is successful in its challenge of India's patent law. "Victoring this case for Novartis, risks setting a precedent which could have a dramatic impact on the availability of cheap medicines in Kenya and across the globe." MSF said. Novartis is challenging a specific provision of India's patent law that, if overturned, would see patents being granted far more widely, heavily restricting the availability of affordable generic medicines used to treat a variety of diseases across the developing world, MSF said in a statement released in Nairobi, Kenya on Monday (January 29). In Nairobi, MSF spokesperson Doctor Ivy Mwangi explained that the availability of generic drugs led to competition with pharmaceutical companies so, because the drugs become available in many forms, the price of those drugs come down. "So if this case goes through and Novartis wins this case what will happen is that, the generic competition on newer drugs that are being developed,be they anti-rhetrovirals, be they anti-cancer drugs, be they for diabetes whatever the class of drug, the generic competition will end entirely and the prices of these drugs will skyrocket and they will become unavailable to people in resources limited settings," Doctor Mwangi added. India's generic drugs form the backbone of MSF's AIDS programmes, in which 80,000 people in 30 countries, including African countries, receive treatment. Monique Wanjala, a woman living with HIV for 13 years and on antiretroviral (AVR) treatment since 2004, told reporters in the news conference that if Novartis go through with this case, it puts the lives of those living with HIV at stake because they are nolonger assured of drugs being available anymore in the public sector. "In many other organisations like MSF that is giving ARVs free to many who cannot afford, it means that there will be delays even for the governments in terms of supplies and therefore our lives are really at stake," she said. In 2000, antiretroviral (ARV) treatment cost was estimated at 10,000 U.S. dollars per patient per year, but thanks to the availability of generic drugs produced mainly in India, the cost came down to about 70 U.S. dollars per patient per year in this country, Dr Mwangi said. The Indian legislation attacked by Novartis allows local companies to sell generic versions of the Novartis' cancer drug, Glivec®. Glivec® is 10 times more expensive than its generic equivalents. Novartis court action challenges section 3(d) of Indian patent law that defines the scope of patentability of a new form or new use of an already existing substance. This law is in line with the TRIPS flexibilities available for developing countries to use in their own national legislation. The Financial Times reported MSF as saying that in other countries where Novartis had obtained a patent, Gleevec is sold at 2600 U.S. dollars a patient a month. In India, generic versions of Gleevec were available for less than 200 U.S. dollars a patient a month.

ITN Source | January 29, 2007

Tags:. .victoring. .restricts. .restricting. .aspects. .capability