[e-drug] MSF statement about the new Indian Patent Bill

["E-Drug" <e-drug@healthnet.org>]

E-DRUG: MSF statement about the new Indian Patent Bill
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Wednesday March 23rd, 2005  The Indian Parliament has passed a new law to
become compliant with the World Trade Organization (WTO)s Agreement on
Trade-related Aspects of Intellectual Property Rights.  Midecins Sans
Frontihres (MSF) is deeply concerned that the new law will result in people
in the developing world being cut off from the vital source of affordable
generic versions of essential medicines produced in India.


To date, the supply of affordable medicines from India has only been
possible because Indian law previously had no product patent constraints.
This has been particularly important for the antiretroviral (ARV) medicines
for the treatment of HIV.  Of the 700,000 people estimated to be on ARV
treatment in developing countries, approximately 50% rely on Indian generic
production.


"Under the new law, new medicines will only available for the rich, while
old treatments will be the only ones available to the poor," said Ellen 't
Hoen, director of policy advocacy and research for MSFs Campaign for
Access to Essential Medicines. "For instance, some people with HIV/AIDS
will develop resistance to the first generation of AIDS drugs and will need
newer treatments. But without Indian generics medicines, where will they
get affordable medicines from?"

The new law makes it easy for multinational pharmaceutical companies to get
patents granted, while making it difficult for generic companies to get
compulsory licenses to override patents when necessary for public health or
other reasons. Although a worst-case scenario was averted in the passage
of this law due to widespread civil society pressure within India and
around the world  for example, generic medicines already on the market in
India will still be able to be produced, even if patents are granted,
although generic producers will be required to pay licensing fees to the
patent owner  the law is deeply worrying for all new drugs that will be
subject to patentability in India in the future. Especially concerning are
provisions on scope of patentability, period of examination of patent
applications, and compulsory licensing.

Today, MSF treats more than 25,000 people living with HIV/AIDS worldwide,
and roughly 70% of our patients take Indian generic medicines. The low cost
and user-friendliness of these WHO-recommended combination pills has
allowed MSF to increase the numbers of people on treatment dramatically
over the past three years. We fear that once these patients, and hundreds
of thousands of others like them in developing countries, need second-line
treatment, the lack of generic competition due to patents on new medicines
in countries like India will mean that people and communities will no
longer be able to afford the much-needed treatments.


In order to minimize the negative consequences of this new law, MSF will
continue working with those in India and elsewhere who are pushing to
ensure that dubious patents are not granted. When legitimate patents are
granted, we will help push for compulsory licenses with fair royalties to
ensure the affordability of the generic medicines. We will also document
the impact of the law on drug prices as the law is being implemented.

"For further information, please contact Ellen 't Hoen at
ellen.t.hoen@paris.msf.org or +33 1 4021 2836"