Novartis Challenges Indian Patent Law. Support Action

[Guest guest]

NOVARTIS CHALLENGES INDIA’S PATENT LAW!!! SUPPORT INDIAN PATIENTS IN PROTESTING

AGAINST NOVARTIS LITIGATION!

Dear friends,

Earlier this year we informed you of the first victory of patients groups in

India when the Chennai Patent Controller rejected Novartis’ patent application

for ‘Gleevec’ an crucial anti cancer drug. Novartis has now filed two cases in

India challenging this order against the Government of India and the Cancer

Patients Aid Association – a Mumbai based cancer patients group working in India

for over 35 years.

Gleevec is the test case of the Indian patent system that so many persons living

with HIV/AIDS and other patients are relying on for the continuation of generics

manufacture. It is the first test of the flexibilities of the TRIPS and Doha.

Novartis’ litigation is a direct challenge to our lives and health and we call

on all activists and health groups to support Indian patients in this fight.

WHAT IS GLEEVEC?

Imatinib Myselate or Gleevec is a crucial cancer drug essential in prolonging

the life of patients suffering from Myeloid Leukemia (Blood Cancer). It is

produced and marketed internationally by Novartis and various Indian

pharmaceutical companies like Cipla, Ranbaxy, Natco, and Hetero.

WHAT HAPPENED WITH GLEEVEC IN INDIA?

Indian generics companies started manufacturing and supplying affordable

versions of Gleevec (much like they did AIDS medicines). In 2003 Novartis got

‘Exclusive Marketing Rights’ (EMR) under a provision of India’s patent law for

five years. The EMR acted like a monopoly right and Novartis succeeded in

stopping generic manufacture of Gleevec.

To put the effect of all this in perspective; generic versions of Gleevec were

available in the Indian market at about Rs. 8,000 ($175) per patient per month.

After Novartis prevented generic manufacture it marketed Gleevec at nearly ten

times that price i.e. Rs. 1,20,000 ($ 2000) per patient per month. Gleevec was

clear and damning proof of what happens when a drug company gets a patent.

WHY WAS NOVARTIS’ PATENT APPLICATION FOR GLEEVEC REJECTED?

After India’s patent law changed in 2005 to become TRIPS compliant (see attached

note on Indian Patent law) Novartis patent application came up for examination.

The Cancer Patients Aid Association which had to stop treatment for cancer

patients after generic versions on Gleevec became unavailable challenged this.

Novartis patent application was rejected by the Chennai Patent office for being

merely a ‘new form of an old drug’ which under Section 3(d) of the Indian Patent

Act is not patentable. This brought immense relief to cancer patients in India

and indeed around the world whose lives could not wait out a 20 year drug

monopoly.

WHAT IS NOVARTIS DOING NOW?

Now Novartis has challenged the rejection of its patent application. It has also

challenged Section 3(d) of the Indian Patent Act in a separate case as violative

of the TRIPS Agreement and of the Indian Constitution.

URGENT ACTION

The Cancer Patients Aid Association and the Lawyers Collective are organizing

actions in India to coincide with the hearing on 23 August 2006 in the Chennai

High Court of Novartis challenge.

In India join us in Mumbai in front of the Novartis office for a public protest.

We also call on the international community to join us in naming and shaming

Novartis – particularly in Switzerland. We are planning continuing action on

this on the 22nd, 23rd and 24th of August 2006.

For more information contact:

Pratibha S., Lawyers Collective HIV/AIDS Unit, Phone:+91-22-22875482

Email: aidslaw@...,

Regards,

Shivangi.

Lawyers Collective HIV/AIDS Unit

63/2, 1st Floor, Masjid Road,

Jangpura, New Delhi - 110014

Phone - 91-11-24377101, 24377102, 24372237

Fax - 91-11-24372236

e-mail - aidslaw1@...

[Guest guest]

Dear Friends ,

This is to convey to the patients groups to Keep up the good fight, as ALL

India Drug Action Network & from my side, we offer total solidarity . If there

is anything that can be done by us please let us know.

I suggest that since the DRUG POLICY is going to be announced & since Cancer

Medicines were specially mentioned for high costs we should also take on the

Health Ministry.

The NATIONAL PHARMACEUTICAL DRAFT had recommended decreasing excise duty on

essential drugs.

The Finance Minister has said this would cause revenue loss and the Consumer

affairs minister has said, if drugs are under price control, " FOREIGN DIRECT

INVESTMENT WILL BE NEGATIVELY AFFECTED " .

COMMERCE MINISTRY OPPI ,IDMA,FICCI ,CII,OPPI PLANNING COMMISSION ,PM's OFFICE ,

CSIR UNDER MASHELKAR HAVE ALL OPPOSED PRICE CONTROL.

Prior to signing TRIPS we were told, since there was a DRUG PRICE CONTROL ORDER

OVERPRICING of MEDICINES would not take place . After TRIPS effort to remove it

or dilute it is being made.

All this makes it all the more crucial to support INDIAN PAtients GROUP in

FIGHTING NOVARTIS.

We will be in MUMBAI in SPIRIT

IN SOLIDARITY

DR MIRA SHIVA

COORDINATOR ALL INDIA DRUG ACTION NETWORK

A 60 HAUZ KHAS, NEW DELHI 110016

Mobile 9810582028

e-mail: <mirashiva@...>