[e-drug] Letter from UN Envoy HIV AIDS to Indian PM and President

["Ellen T HOEN" <Ellen.T.HOEN@paris.msf.org>]

E-DRUG: Letter from UN Envoy HIV AIDS to Indian PM and President
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[E-druggers may wonder why there is so much writing about the Indian Patents Act, but this has very serious implications for access to essential drugs in the future! WB]

Dear E-druggers.

A very timely and very important letter.
For details on the Indian patent amendment act see:
www.accessmed-msf.org

Ellen 't Hoen
Medecins sans Frontieres
Access to Essential Medicines Campaign
8, rue Saint - Sabin
75544 Paris cedex 11
France
tel: + 33 1 4021 2836
fax: + 33 1 40212960
e-mail: ellen.t.hoen@paris.msf.org
www.accessmed-msf.org

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New York, 11 March 2005

The Honourable Dr. Manmohan Singh
Prime Minister of India
South Block, Raisina Hall
New Delhi, 110 001, India

Dr. Avul Pakir Jainulabdeen Abdul Kalam
President of India
Rashtrapati Bhawan
New Delhi 110 004, India

Excellencies,

We are writing to you, in our capacities as the United Nations'
Special Envoys for HIV/AIDS in Asia and the Pacific, and in Africa, on a
matter of urgent importance.  We believe that enlightened decisions by the
Indian Parliament over the next several days can offer the protections
needed to prolong millions of lives, and maintain India's leading role as a
supplier of affordable medicines to the developing world.

As a reflection of our deep concern, we should note that this is the
first time that the two of us have ever collaborated on such an appeal.

India's role in addressing the global AIDS pandemic has been crucial.  Your Government's long history of ensuring the primacy of public
health over intellectual property set the stage for principled positions
and legislation promoting access to essential HIV medicines.  As a result, the lives of HIV-positive people throughout the developing world are now being sustained by quality generic drugs.

Continued access to affordable antiretrovirals and other HIV-related
medicines promises to prolong millions more lives in the immediate future.
We are deeply concerned that, following the 1 January 2005 full
implementation deadline for the TRIPS Agreement, those lives are now in
jeopardy.

As you know, Excellencies, the Indian Parliament's current
discussion of the President's Patent Ordinance will determine the scope of
India's patent protection for the future. Approximately one-half of the
700,000 people currently receiving HIV treatment in developing countries
depend on India's  pharmaceutical manufacturers. Because international
efforts are underway to multiply the number of people on treatment many
times over, the outcome of Parliament's discussions will also decide the
futures of millions of people worldwide.

We are truly at a turning point in our response to the pandemic of
HIV/AIDS.  The  goal of putting three million people into treatment by the
end of this year has prompted a reservoir of hope.  But for that hope to be
fulfilled, generic drugs must be available.  People Living With AIDS stand
poised between life and death.  The Parliament of India can make it
possible for millions of people to embrace life.

Excellencies, we urge that every flexibility offered by the TRIPS
Agreement be incorporated in the President's Patent Ordinance and that no
"TRIPS-plus" provisions are included which would jeopardize the continued
supply of crucial, affordable AIDS therapies and other essential medicines
by India to the world.  It is not possible to exaggerate the international
importance of the decisions facing India.

It is our fervent hope that amendments to the 1970 Patent Act will
be made in the praiseworthy spirit that characterized India's courageous
leadership during negotiations of the World Trade Organization's Uruguay
Round and the Doha Declaration on TRIPS and Public Health.

Accept, Excellencies, the assurances of our highest consideration.

Nafis Sadik, M.D.Special Envoy of the UN Secretary-General HIV/AIDS in Asia
and the Pacific
Stephen Lewis,
Special Envoy of the UN Secretary -  General for HIV/AIDS in Africa

cc:  The Hon. Kamal Nath, Minister of Industry and Commerce
Ministry of External Affairs, South Block Raisina Hall, New Delhi 110
001, India

Mrs. Sonia Gandhi, Indian National Congress Party Chairman
10, Janpath, New Delhi 119 001, India