[Ip-health] FT: India's opposition rejects law

[Nathan Ford]

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India's opposition rejects drug law



By Edward Luce in New Delhi and Andrew Jack in London

March 18 2005 02:00



India's opposition Hindu nationalist BJP has come out strongly against New =
Delhi's plans to enact a ground-breaking patent law for pharmaceutical prod=
ucts.



The move could jeopardise the passage of the bill. Manmohan Singh, prime mi=
nister, yesterday expressed disappointment with the tactics of the BJP, whi=
ch had drafted the law last year before it was turned out of office.



The BJP's change of position adds to the critical voice of the communist bl=
oc of parties on whom Mr Singh's coalition government relies for its majori=
ty. If both blocs voted against the bill it would be defeated and it is not=
 clear what amendments are required to pass it.



GlaxoSmithKline, India's largest drug company by sales, expressed frustrati=
on at the latest uncertainty. Russell Greig, president of international pha=
rmaceuticals at GSK, said: "This is a step backwards for India. Without qui=
ck and full implementation of the patent bill, India's potential as a base =
for investment, research and development and innovation will not be fully r=
ealised."



The debate comes as a growing number of Indian and international civil grou=
ps have attacked the law, due to come into force this year as part of India=
's obligations in joining the World Trade Organisation.



India used to champion developing country opposition to tough patent regime=
s. But it altered its stance with the rise of a robust domestic pharmaceuti=
cal sector that invests in research and development and is keen to align wi=
th foreign multinational drug groups in protecting intellectual property.



Critics argue that the law would prevent the export to other developing cou=
ntries of vital future drugs, such as the "three-in-one pill" of anti-retro=
virals for people suffering from HIV/Aids. India supplies drugs to about ha=
lf the 700,000 HIV-infected people being treated in the developing world.



M=E9decins Sans Fronti=E8res, the French medical charity, said: "The availa=
bility of affordable fixed-dose therapy manufactured in India has revolutio=
nised Aids treatment in developing countries. Sources of new low-cost medic=
ines will dry up globally."



Yusuf Hameid, head of Cipla, one of the main generic manufacturers of HIV d=
rugs in India, welcomed the BJP's move yesterday. "The Indian public will r=
ise up against these patent proposals, which are one of the biggest tragedi=
es India will face," he said. "Innovation can wait. India can't afford drug=
s now."



India's Congress coalition has also come under fire from groups that suppor=
t the country's full compliance with WTO treaty obligations. The Consumer U=
nit Trust Society, a pro-free trade research group based in Jaipur, says th=
e law is badly drafted and does not include safeguardspermitted under the W=
TO's intellectual property protection regime.


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