[Ip-health] Hindu Businessline: Indian Patents Bill drives a wedge between health, pharma segments

[Ram]

>Hindu Businessline

Patents Bill drives a wedge between health, pharma segments

P.T. Jyothi Datta

Mumbai , March 23

HAS India played into the hands of companies who see the country as no
more than a market of 50-odd million "paying public"? Or with the
passing of the Patents (Amendment) Bill in both Houses of Parliament,
has the country truly taken its initials steps in a long international
journey?

As the Rajya Sabha too passed the Patents Bill on Wednesday =E2=80=94 clear=
ly
it is not just Parliament that reflected a house divided. The emotive
case for affordable medicines continued to drive a sharp wedge between
other stakeholders in the health and pharmaceutical segment too.

"It is a very sad day for India when the (Patents) Bill was passed. It
spells long-term disaster for India in segments such as food,
agriculture and health," says Dr Yusuf Hamied, Cipla's Chairman and
Managing Director and a vociferous campaigner in the affordable drugs
movement.

Cipla had virtually become a household name in the African countries,
as its generic or chemically similar AIDS drugs took on multinational
companies selling in the market, recounts a representative with an
international health advocacy organisation.

Companies such as Cipla and Ranbaxy sold AIDS drugs at a much lower
price than its MNC counterparts and that made a difference between
life and death, he points out.

"Not only are Indians affected by this Bill, but also people of Third
World countries. The Amendment is not straight forward and has several
discretionary measures," observes Dr Hamied.

The Indian Pharmaceutical Alliance, a platform for domestic pharma
majors such as Ranbaxy, is relieved that some major concerns are
resolved. They include the definition of patentability and the
retaining of the ability to oppose a patent application after it is
filed with the Patent Controller's office.

Another interesting development for domestic pharma companies is the
provision that allows domestic companies to market a drug developed by
another company after 1995 and marketed in India before 2005. The
domestic company would, however, have to pay the innovator company a
royalty.

Dr Swati Piramal of Nicholas Piramal India Ltd points out that the
first step has been taken and now more business "would cross borders,"
in terms of contract manufacturing and research. Regarding the
glitches that may have crept in to the Bill, she said that framework
would evolve with time and experience on the ground.

On concerns of increasing medicine prices, she said there is always a
price-range available on currently marketed drugs. For instance, a
doctor has the choice of prescribing from the different generations of
antibiotic drugs.

But Mr Y.K. Sapru, Founder-Chairman with the Cancer Patients Aid
Association, said that nothing has changed with regard to patients
with life-threatening illnesses like cancer.

An old hand in the pharmaceutical industry, Mr Sapru is fighting in
the Supreme Court over access to Novartis cancer drug Glivec. Further,
he points out that five other cancer drugs such as Gefitinib,
Temozolomide, Zoledronic acid, Letrozole and Ganciclovir were set to
see a multi-fold increase in prices, as a result of the Patents Bill.
Prices on these drugs will increase between two and 12 times, he
laments.