[e-drug] Chennai High Court ruling: Novartis response #2

["Muhammad Shafique" <shafique_tabish@hotmail.com>]

E-DRUG: Chennai High Court ruling: Novartis response #2
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Dear all,

Below herewith is the response of Novartis Pharma on Indian Patent Act... 

Please this letter from Novartis should also be considered because multinational companies do matter when it comes to the research and development and their right to get money out of that product must not go unavailed. It is simply like if you make a cake at your home, you would love to eat first then ask others to have shares. Although, this case was concerned with emergency and life saving drug but more better options should be put up i.e. asking the patent company to decrease rates on humanitarian principles.

Regards

Muhammad Shafique
Pharmacist,
Caritas Paksitan,
Earth-quake Response Programme,
Mansehra, Pakistan.
shafique_tabish@hotmail.com
0092-333-2668016

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From: policy.global@novartis.com
Subject: Chennai High Court ruling on Novartis legal action
Date: Fri, 10 Aug 2007 10:39:49 +0200

To the signatories of the Oxfam Make Trade

Fair campaign

You have previously emailed Dr Vasella regarding the Novartis legal action in India.  We thank you for your interest in this issue and we value open and constructive dialogue on this important subject.  That is why we would like to share with you our perspective on the outcome of this court case.  

This case is important to Novartis, and has always been about gaining  clarity on how innovation is valued and protected in India. We brought this case forward because we firmly believe it was the right thing to do for  patients. We have received support from patients and other groups, thanking Novartis for our ongoing commitment to providing new and better medicines. Earlier this year, we received a banner with thousands of Indian signatories  supporting the Novartis case.
  
Court decision will limit medical progress

As it stands, the Indian patent law will hinder research and development into better medicines for patients in India and abroad. Medical progress occurs through incremental innovation, and part of the law significantly limits advances in the form of incremental innovation.  

Following the rejection of the patent application for our cancer drug, Glivec, Novartis challenged one provision of the Indian patent law. We hoped to clarify whether or not the Indian patent law was constitutional and compliant with India?s World Trade Organization (WTO) obligations under the TRIPS agreement.  

On Monday, August 6, the Court dismissed the constitutional challenge and deferred to the WTO to resolve the question of TRIPS compliance. Novartis will likely not appeal the decision.   

A shared concern: patients and access to medicines
 
Changing the Indian patent law would not hinder the supply of medicines from India to poor countries. Access to medicine is protected by safeguards in place in international agreements. There is much that can and should be done to improve healthcare in the world?s least developed and developing countries, and Novartis recognizes the responsibility of the pharmaceutical industry, governments, nongovernmental organizations and others to be part of a solution. We firmly believe safeguarding intellectual property protection stimulates research into new and better medicines for patients.   

Dilemma in emerging markets

In India, Novartis is faced with a globalization dilemma that characterizes many emerging economic powers today: two markets within one country. India has a booming middle class on one hand, and a vast number of extremely poor people on the other. As a result, in India we are pursuing a dual, patient-focused strategy. We are aware of the many obstacles poor patients face regarding access to medical care there, and that is why 99% of patients who receive Glivec in India receive it free from Novartis. At the same time, we take affluent India seriously as a formidable world power with all the international rights and obligations that such status brings with it, and we seek effective protection for genuine pharmaceutical innovation in India.  

Continued dialogue

The dialogue on the deficiencies of the Indian patent law will continue among all stakeholders, ensuring incentives are in place to bring  innovative medicines to patients. We have advanced this essential debate in India, and will continue to participate in this important discussion. You will find more extensive background information on the case and our position at www.novartis.com.
   
Sincerely,

Head of Global Public Affairs, Novartis AG