Action Alert!!! --> India Could Cut-off Africa's Access to Affordable AIDS Drugs

[Guest guest]

ACTION ALERT!!!

--> This action alert is truly urgent. It may sound technical, but in fact

it is about a truly life-threatening change to India’s patent laws. The

change is being considered this week. If approved, it will put essential

AIDS medication out of the reach of millions of people!

So, please act on this right away. If we all push together we can indeed

persuade the Indian government to change course.

è It’s so easy – there is a sample letter below and the email addresses and

fax numbers of key Indian officials. Thanks for taking action!

====

ACTION ALERT!!

Global AIDS Alliance ++ Association for India's Development ++ Health GAP

March 6, 2005

India Could Cut-off Africa's Access to Affordable AIDS Drugs; Indian

Parliament May Begin Considering the Issue March 9

Fax and Email Indian Government & Urge It Preserve Access to Generic AIDS

Medicines

ISSUE: Under pressure from the US government and brand-name drug makers

(such as Pfizer and Novartis), the Indian government is about to adopt new

patent rules that will make it impossible for Indian manufacturers to

produce many of the newer generic AIDS drugs.

This is a matter of life and death, as noted in the March 5 New York Times

editorial (see below).

http://www.nytimes.com/2005/03/05/opinion/05sat3.html

Indian production of these drugs is critical to Africa's survival (plus that

of other regions). Many Indian organizations are urging the Government to

reject the change to the patent rules.

African organizations have been outspoken as well. Rolake Nwagwu of Positive

Action for Treatment (PATA), Nigeria has said: " India should be proud to be

producing and exporting cheap, generic AIDS drugs for people in need. The

changes to the patent law will increase the price of new drugs, as well as

some AIDS medicines that are already produced and exported in generic form.

Rising treatment costs will spell disaster for people with HIV in India and

around the world. "

Doctors Without Borders has spoken out too: " MSF has examined the proposed

amendments to the Patents Act of 1970. We believe they will drastically

restrict, perhaps even prevent, the production and supply of this vital

therapy by Indian pharmaceutical companies to other developing countries. "

WHAT YOU CAN DO: Fax and email Indian government officials to urge they

modify or reject the new Patent Ordinance. Appeal to India as a

forward-thinking, independent country that has for many years produced

life-saving, affordable medication. This is extremely urgent, so please take

action before March 9 and continue until March 14, since it's unclear when

exactly this issue will be taken up.

SAMPLE LETTER TO FAX:

" I am deeply concerned about the recent amendment that modified the Patent

Act of 1970 and its impact on access to AIDS and other medications. Indian

generic medications are a life-line for Africa and other regions fighting

the AIDS epidemic. The amendment goes far beyond what the WTO requires. As a

person/organization working to increase access to life sustaining HIV

treatment, I am urging you to not pass this amendment. Please ensure generic

production of medications patented after 1995. The world is counting on

India to continue an independent approach that protects public health and

promotes access to affordable generic medicines for all.

I/We are closely monitoring the decisions of the Government of India, as

millions of lives may hang in the balance. Please respond to this urgent

request. Respectfully, XYZ. "

More info: www.gcaipa.org and www.healthgap.org

SEND APPEALS TO:

Gandhi

10, Janpath,

New Delhi - 110011

Phone. +91-11-23014161, 23014481

Email: soniagandhi@...

Dr. Manmohan Singh

Prime Minister of India

South Block, New Delhi

India-110 011

Phone: +91-11-23012312, 23013149,

Fax : +91-11-23016857

Email: pmosb@...

Shri Kamal Nath

Minister for Commerce & Industry

Udyog Bhawan

New Delhi - 110011

Phone: +91-11-23010008, 23011492

Fax: +91-11-23019947

Email: csoffice@...

L K Advani

Leader of Opposition

30, Prithviraj Road,

New Delhi - 110003, India

Phone: +91-11-23794125, 23794124

Fax: +91-11-23017419

advanilk@...

INDIAN NATIONAL CONGRESS (ruling Party office)

24, Akbar Road,

New Delhi -110011, India

Phone: +91-11-23019080

Fax: +91-11-23017047

aicc@...

After you have faxed to these officials, send appeals to the Indian embassy

in your country as well. You will find a list of embassies at this link.

http://indiaimage.nic.in/embassies.htm

Okay, now that you have taken action, read on for more details:

BACKGROUND:

India is a major source of supply of the world's generic medicines; it

exports two-thirds of its products to developing countries. These exports

are critical to the fight against AIDS in sub-Saharan Africa, South America,

and Southern and Southeast Asia. Generic competition fueled by Indian

production has been largely responsible for reducing the prices of

antiretrovirals by as much as 98%.

But, India passed an ordinance December 26, 2004 that eliminated 35 years of

national exemption of medicines from product patent protection. The changed

rules will affect the production of the drugs that patients need after the

initial course of treatment becomes ineffective (the so-called 'second-line'

drugs patented after 1995).

Many patients need this second line of medications to survive. At least 20%

of patients need these drugs after three years of taking the initial course,

and if they do not get the medication they will die. The costly, brand-name

versions are out of reach of most people living with AIDS. Brand-name

versions of these drugs can cost 26 times as much as the generic versions

that India could make under appropriate and flexible patent standards.

The global goal for the end of this year is to deliver AIDS medication to 3

million of the people that need them. 20% of these people can be expected to

need these second line drugs in three years time, and that adds up to

600,000 people! These 600,000 people could die without continued access to

affordable medication.

The currently proposed new rules could also adversely affect generic

production of widely used combination tablets such as GlaxoKline's

Combivir.

The decree will also prevent the production of newer medicines for many

other public health needs. This decree may come before the Indian Parliament

as early as March 9, 2005 when the body reconvenes.

The changes to the Patent Act include:

.. A weakening of the procedure that allows a challenge to a patent

application;

.. A change that makes it easier to patent a drug, even if it's not

significantly different from an existing drug

.. A slow moving, bureaucratic process that will prevent the export of

compulsorily licensed medicines to poor, importing countries

These changes are not necessary to stimulate investment into research and

development, and the new rules go beyond what the World Trade Organization

(WTO) requires. But, the Union Minister of Commerce and Industry, Kamal

Nath, has been influenced by the US government and US brand-name

manufacturers, and he seems determined to secure rapid approval of the

ordinance by the Parliament.

If the new rules are formalized, 20-year patent monopolies will drive up the

price of treatment in India and in hundreds of importing countries. The

world's source of generic HIV medicines will essentially disappear.

The Parliament could, however, refuse to approve the change, in which case

the change will expire in May, 2005. Or, the issue could be passed to a

Committee in Parliament that would give the matter more thorough

consideration.

Indian Nobel laureate economist Amartya Sen says: The government of India

must subject the issue of patent rights to " greater scrutiny " in the

interest of the people. " I want more scrutiny in areas like patent rights.

This is a serious issue where the Government of India must make itself heard

in the world community. I hope the government will do this with humanity. "

To maintain and support India's important leadership on issues of HIV/AIDS,

the Parliament should reject these changes. The Indian government should

amend the Patents Act in a manner that does not undermine protections for

public health and access to medicines. India should also do much more to

ensure its people have access to AIDS testing, counseling, prevention

services and treatment on a nationwide basis.

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http://www.nytimes.com/2005/03/05/opinion/05sat3.html

NEW YORK TIMES

March 5, 2005

EDITORIAL

AIDS Drugs Threatened

India's Parliament is about to take up a bill that could affect sick people

the world over. India is the leading supplier of low-cost generic AIDS

medicine. The country's huge generic industry has been able to copy

antiretrovirals and other medicines because India grants patents for the

process of making drugs, rather than for the medicines themselves. But the

Patents Bill that India is considering, at the behest of the World Trade

Organization, would change that.

Parliament must make sure that it protects India's ability to make these

crucial drugs. While the W.T.O. requires its members to respect product

patents, it allows them to put public health first. Unfortunately, the

Patents Bill would fail to do this; some of its provisions would go far

beyond what the trade organization requires. The bill bears the heavy

footprint of multinational and Indian pharmaceutical companies that are

eager to sell high-priced drugs to India's middle class, which is larger

than the population of the United States.

Lobbying by these companies has produced a bill that would sacrifice public

health. For example, as current AIDS drugs become ineffective, India will be

asked to make cheap, easy-to-take combination versions of newer

antiretrovirals. To do so as a W.T.O. member, the government will have to

issue something called a compulsory license, which allows a generic

manufacturer to copy a patented drug. The patent holder gets a reasonable

royalty, but does not have to consent. But India's compulsory license

process is very slow and lets pharmaceutical companies tie up such licenses

in court for years. Moreover, India's laws do not allow it to export

medicines made under these rules to countries where they aren't patented,

which includes most of Africa.

Indian lawmakers must reform the Patents Bill to cut the red tape that can

block compulsory licenses. They should also eliminate the loophole that

prevents medicines from going to the poorest countries. India needs to allow

challenges to patents before they take effect, and to remove a provision

that could allow a company to extend a patent by simply finding a new use

for a drug.

Instead of passing the flawed government bill, lawmakers should refer the

bill to a committee for public testimony about possible reforms. Seldom has

India's Parliament considered anything of such global import. If Parliament

can preserve India's ability to provide generic versions of these medicines,

it will make the difference between life and death for millions of people at

home and abroad.

MORE INFO: (be sure to copy and paste the entire address into your browser)

News stories about the campaign against this measure:

http://www.nri-worldwide.com/cgi-local/ts.pl?action=fetch & area=nrinitiative

http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=28383

http://www.globalaidsalliance.org/press_India.cfm

Photos from a recent rally at the Indian Embassy in Washington, DC:

http://pg.photos./ph/oormi_kapadia/album?.dir=/ac32 & .src=ph & .tok=ph

P3HnCBa6c7NJUd

Interviews with activists organizing on this issue:

http://dc.indymedia.org/feature/display/118436/index.php

=============================================

Bryden

Global AIDS Alliance, Communications Director

1225 Connecticut Ave., NW #401

Washington, DC 20036

202-296-0260 ext 211

dbryden@...