[Ip-health] MSF Statement on Novartis Court Ruling in India

[Sheila.SHETTLE@geneva.msf.org]

Indian Court Ruling in Novartis Case Protects India as the =E2=80=98Pharmac=
y of the=0D
Developing World=E2=80=99=0D
=0D
New Delhi/Geneva, 6 August 2007 =E2=80=93 The landmark decision by the High=
 Court=0D
in Chennai to uphold India=E2=80=99s Patents Act in the face of the challen=
ge by=0D
Swiss pharmaceutical company Novartis is a major victory for patients=E2=80=
=99=0D
access to affordable medicines in developing countries, the international=
=0D
medical humanitarian organisation M=C3=A9decins Sans Fronti=C3=A8res (MSF) =
stated=0D
today.=0D
=0D
=E2=80=9CThis is a huge relief for millions of patients and doctors in deve=
loping=0D
countries who depend on affordable medicines from India,=E2=80=9D said Dr. =
Tido von=0D
Schoen-Angerer, Director of the MSF Campaign for Access to Essential=0D
Medicines. =E2=80=9CThe Court=E2=80=99s decision now makes Indian patents o=
n the medicines=0D
that we desperately need less likely. We call upon multinational drug=0D
companies and wealthy countries to leave the Indian Patents Act alone and=
=0D
stop pushing for ever stricter patent regimes in developing countries.=0D
=0D
Novartis took the Indian government to court over its 2005 Patents Act=0D
because it wanted a more extensive granting of patent protection for its=0D
products than offered by the law. Novartis claimed that India=E2=80=99s Pat=
ents Act=0D
did not meet rules set down by the World Trade Organization and was in=0D
violation of the Indian constitution. Apparently all of Novartis=E2=80=99s =
claims=0D
have been rejected by the High Court today.=0D
=0D
India only began giving patents on medicines to comply with WTO rules, but=
=0D
it designed its law with safeguards so that patents can only be granted for=
=0D
real innovations. This means that companies seeking a patent for=0D
modifications to a molecule already invented, in order to extend ever=0D
further their monopolies on existing drugs, would be unsuccessful in India.=
=0D
It is this aspect of the law that Novartis was seeking to have removed. A=
=0D
ruling in favour of the company would have drastically restricted the=0D
production of affordable medicines in India that are crucial for the=0D
treatment of diseases throughout the developing world.=0D
=0D
Developing country governments and international agencies like UNICEF and=
=0D
the Clinton Foundation rely heavily on importing affordable drugs from=0D
India, and 84% of the antiretrovirals that MSF prescribes to its patients=
=0D
worldwide come from Indian generic companies.  India must be allowed to=0D
remain the =E2=80=98pharmacy of the developing world.=E2=80=99=0D
=0D
Over 420,000 people worldwide signed a petition requesting Novartis to drop=
=0D
the case because of the devastating impact Novartis=E2=80=99s actions could=
 have on=0D
access to essential medicines.  Among them were the Indian Health Minister=
=0D
Anbumani Ramadoss, Archbishop Desmond Tutu, Global Fund Director Michel=0D
Kazatchkine, members from the European Parliament and the US Congress,=0D
former Swiss President Ruth Dreifuss, former UN Special Envoy for AIDS in=
=0D
Africa Stephen Lewis, German Development Minister Heidemarie=0D
Wieczorek-Zeul, Norwegian Development Minister Erik Solheim, as well as=0D
authors John Le Carr=C3=A9 and Naomi Klein.=0D
=0D
Contact:=0D
India: Leena Menghaney, MSF + 91.98.11.36.54.12=0D
Switzerland: Sheila Shettle, MSF + 41.79.293.0270 + 41.22.849.8403=0D
=0D
=0D
+++++++++++++++++++++=0D
Sheila Shettle=0D
Senior Communications Officer=0D
M=C3=A9decins Sans Fronti=C3=A8res=0D
Campaign for Access to Essential Medicines=0D
Rue de Lausanne 78=0D
1211 Geneva, Switzerland=0D
+ 41.22.849.8403=0D
+ 41.79.293.0270 (m.)=0D
www.accessmed-msf.org=0D
+++++++++++++++++++++++=0D
SIGN MSF'S 'DROP THE CASE' PETITION=0D
=0D
Millions of people around the world today rely on affordable medicines=0D
produced in India.  Pharmaceutical company Novartis is taking the Indian=0D
government to court to force a change in the country's patent law.  If=0D
Novartis wins, a major source of affordable medicines for millions of=0D
people across the globe could dry up.=0D
=0D
MSF is urging Novartis to DROP THE CASE.=0D
=0D
Find out more and sign up to our petition:=0D
http://www.msf.org/petition_india/international.html=0D
=0D
=0D