[Ip-health] Oxfam / CARE / EAA press release on Novartis

[Jean Blaylock]

Indian ruling against pharmaceutical giant Novartis a victory for public he=
alth, say leading aid and advocacy agencies
August 6

Today=92s verdict by an Indian court against the Swiss pharmaceutical giant=
 Novartis is an important victory for global public health, according to ai=
d agencies CARE International and Oxfam International, and the church-based=
 advocacy network, the Ecumenical Advocacy Alliance.

The decision will protect India=92s special role as the world=92s leading p=
rovider of affordable medicines to the poor. The agencies welcome Novartis=
=92s response today that it is unlikely to appeal the ruling.

Novartis had challenged a law that allows India to refuse a patent for an e=
xisting medicine when it had been modified only slightly. The agencies said=
 the case was a direct attack against India=92s right to protect public hea=
lth.

Novartis and the pharmaceutical industry have been given a clear message to=
 respect developing countries=92 legal right to use the World Trade Organis=
ation TRIPS (trade-related intellectual property) safeguards to strike the =
right balance between protecting public health and intellectual property, t=
he agencies said.

India =96 known as the =91pharmacy of the developing world=92 due to its ma=
ssive generic drug production industry =96 supplies most of the world=92s a=
ffordable generics to developing countries where patented medicines are pri=
ced out of most people=92s reach. More than two-thirds of generic medicines=
 exported from India are sold in developing countries at a fraction of the =
cost of patented brand medicines.

Novartis=92 legal challenge posed an enormous threat in developing countrie=
s to millions of people suffering from cancer, HIV and AIDS, diabetes and o=
ther diseases who are too poor to pay for expensive patented medicines.

Sandhya Venkateswaran, Head of Advocacy for CARE International in India sai=
d:  =93This ruling is a lifeline for the millions of people who cannot affo=
rd brand-name drugs, and ensures that essential medicines from India will r=
each those who rely on them. CARE and other agencies can breathe easily now=
 and continue to deliver treatment programmes.

=93More than 5 million people with HIV around the world still cannot afford=
 anti-retroviral medicine, but this ruling reduces the number of people for=
 whom HIV is a virtual death sentence. CARE has been able to buy more than =
twice the amount of anti-retrovirals to treat the HIV and AIDS patients we =
work with in Peru, thanks to the generic industry in India.=94

A global campaign by civil society has seen nearly half a million people ar=
ound the world campaigning against Novartis to drop its case.

Celine Charveriat, head of Oxfam=92s Make Trade Fair campaign said: =93This=
 ruling is a vindication for India and a victory for campaigners. Developin=
g countries should not be bullied by pharmaceutical companies and forced in=
to having to defend themselves in court for correctly using the safeguards =
available to them to protect public health.=94

Linda Hartke, coordinator of the Ecumenical Advocacy Alliance, which mobili=
zed church leaders to campaign against Novartis=92 case in India, said, =93=
This is a victory for all those who believe people, not profits, must come =
first in public health.=94

CARE, Oxfam, and the EAA call on Novartis to continue to take positive step=
s to promote access to medicines in developing countries, to promote resear=
ch and development for neglected diseases and to strike an appropriate bala=
nce between protecting public health safeguards in developing countries and=
 intellectual property rights.

Ends/


Press contacts:
Matt Grainger, Oxfam, 01865-339128
Sophie Kummer, CARE International, 020 7934 9347
Sara Speicher, Ecumenical Advocacy Alliance, 01524 727 651


NOTES
o=09The provision in the Indian law =96 =93section 3d=94 =96 states that pa=
tent monopolies will be awarded only for truly innovative medicines, rather=
 than for minor modifications of existing medicines. Because monopolies wil=
l not be granted on medicines other than truly innovative ones, affordable =
generic versions will remain available. This will help protect India=92s ro=
le as the main supplier of affordable generics to other developing countrie=
s where patented medicines are priced out of reach of most people.
o=09This ruling comes at a time when patentability criteria are under exami=
nation in other countries as well, for instance the United States. Recogniz=
ing that patentability criteria which lead to the granting of frivolous pat=
ents can hinder innovation and access to new products rather than promote i=
t, the US Supreme Court has recently ruled in favour of stricter criteria.
o=09The provision in Indian law under challenge by Novartis constitutes an =
important public health safeguard in TRIPS. Developing countries should be =
commended for using this and other safeguards to promote access to affordab=
le medicines for their populations. Oxfam supports use of public health saf=
eguards =96 recent examples include the issuance of compulsory licenses by =
Brazil and Thailand, and the introduction of a new, pro-health intellectual=
 property law in the Philippines.
o=09The right of all WTO members to use the flexibilities and safeguards in=
 the TRIPS Agreement to promote =93access to medicines for all=94 was confi=
rmed in 2001 (the Doha Declaration). Since then, however, rich countries an=
d big pharmaceutical companies have sought to prevent or limit their use by=
 developing countries, endangering the well-being of poor patients everywhe=
re.




--------------------------------------
Jean Blaylock
Trade Campaign Officer
- Ecumenical Advocacy Alliance
- Alliance oecum=E9nique agir ensemble
- Alianza Ecum=E9nica de Acci=F3n Mundial
- Globales =D6kumenisches Aktionsb=FCndnis
+41 (0)22 791 6080
jblaylock@e-alliance.ch
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