A threat on access to generics. Action needed

[Guest guest]

Everyone probably knows already that our Indian activist colleagues have

called for a day of action this week to protest the Indian patent ordinance

that would basically cut off the supply of generic AIDS drugs through the

local enforcement of the patent rights of the originator companies, forcing

Cipla, Ranbaxy, Hetero, etc. to stop making these medicines. We cannot

emphasize enough how incredibly horrible this would be. India must be

convinced to change the patent ordinance allowing production and export of

generic AIDS drugs, both old and new compounds. Many international

activists have been working to mobilize demonstrations across the globe, and

we wonder what Kenyans intend to do. I know everyone is really busy, but if

India cuts off the supply of generic AIDS medicines, the fight for treatment

access will suffer a blow from which it may not recover.

So far organizations in Burkina Faso, Burundi, Zimbabwe, Nigeria, Ivory

Coast, Benin, Congo, Phippines, France, US and of course India are mobilized

and plannend for some action on the 26th.

Kenya is highly depending on drugs from INDIA.

So I though this call might be of concern to this list.

Here is the call for global action, for those who did not yet see it.

Four years ago, millions of people living with HIV/AIDS could not afford the

price of antiretroviral (ARV) drugs. The price was between US$10,000 -12,000

(Approx.Rs.4,50,000 - 5,40,000) per annum. By 2003 the prices had come down

to US$ 140 (Rs.6300) per annum.

How did this miracle happen? The answer lies in the Indian Patents Act,

which provides only process patent protection to pharmaceutical inventions.

However, after 31st December 2004, because of a Presidential Ordinance

brought out by the Indian Government to comply with TRIPS the situation

could go back to the one four years ago as the Indian Government did not

make use of the flexibilities available within TRIPS and instead has

included TRIPS PLUS provisions.

A Global Day of Action is being organized on Feb 26, 2005 to protest the

Patents Amendment bill that is currently under consideration by Indian

parliament. India is under pressure to comply with the TRIPS agreement on

Intellectual Property Rights, as dictated by World Trade Organization (WTO).

This peoples' mobilization effort is aimed at building solidarity around

pressurizing the Indian Government to reassess the Bill to take into account

all the flexibilities offered by TRIPS. The bill in its current form is even

more stringent than what the TRIPS regulations demand. Ideally, we believe

it is in the best interest of people in India that TRIPS itself be

eliminated altogether.

If India's patent laws are changed to favour international market demands,

majority of Indians who can barely afford medicines and health care even in

the current scenario and as many as 200 developing countries, would be

severely affected by this. Costs of medicines will be dictated by a few

multi-national companies in US and Europe, and borne by those suffering from

HIV/AIDS, cancer, tuberculosis, malaria and other life threatening diseases.

In fact, recently World Health Organization, the premier institution in

health services in the developing world has sent a letter to the Indian

Health Minister outlining the harmful implications of the proposed

amendments on the health care sector. They are especially concerned for 40

million people suffering from HIV and AIDS in the world. These people need

life- saving anti-retroviral therapy as well as generic drugs that were

available from India at much lower price as compared to those from

multi-national companies. New York Times published a scathing criticism of

the Indian Government asking it not to yield under international pressure

and amend its patent laws.

At present, an average " poor " household in India spends almost 50% of its

lifetime income on healthcare. Health care expenses are the second largest

cause for indebtedness in rural India. Changes in the patent laws will stop

the local drug companies from making generic versions of medicines causing

prices to shoot up astronomically.

Many Indian organizations and international groups are making intensive

efforts to prevent these amendments from coming into effect. We believe that

a collective struggle can bring a significant impact on the Patents Act. A

major global mobilization for " right to health " is underway! This coalition

is trying to interact members of the Indian parliament to urge them to stop

this draconian law from coming into existence, for the interest of common

people's right to health.

More info http://www.gcaipa.org/

Marie de Cenival

SIDACTION