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:
Sonia Gandhi
10, Janpath,
New Delhi - 110011
Phone. +91-11-23014161, 23014481
Email:
soniagandhi@sansad.nic.in
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@pmo.nic.in
Shri Kamal Nath
Minister for Commerce & Industry
Udyog Bhawan
New Delhi - 110011
Phone: +91-11-23010008, 23011492
Fax: +91-11-23019947
Email:
csoffice@ub.nic.in
L K Advani
Leader of Opposition
30, Prithviraj Road,
New Delhi - 110003, India
Phone: +91-11-23794125, 23794124
Fax: +91-11-23017419
advanilk@sansad.nic.in
INDIAN NATIONAL CONGRESS (ruling Party office)
24, Akbar Road,
New Delhi -110011, India
Phone: +91-11-23019080
Fax: +91-11-23017047
aicc@congress.org.in
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
GlaxoSmithKline'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
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