[Ip-health] Churches press release on Novartis

[Jean Blaylock]

Society=92s priority must be people=92s health: Church leaders hail verdict=
 on Novartis case in India

Archbishop Emeritus Desmond Tutu and other high-ranking church leaders and =
campaigners have welcomed the ruling from the Madras High Court today that =
dismissed the challenge from the Swiss pharmaceutical giant, Novartis, on t=
he constitutionality of India=92s patent law.

=93This legal ruling reflects what we know in our hearts =96 that our socie=
ty=92s priority must be people=92s health, not extra profits from patents f=
or rich corporations=94, Tutu stated.

Novartis had filed a petition with the high court challenging the constitut=
ionality of Indian patent law after the Indian Patent Controller=92s Office=
 had refused to grant a patent for its cancer medicine, Glivec. The Glivec =
application was rejected on the grounds that the medicine was simply a new =
form of an old medicine with a trivial change, something which cannot be pa=
tented under Indian law.

Bishop Yvon Ambroise, of the Commission for Justice and Peace of the Cathol=
ic Bishop=92s Conference of India observed, =93This ruling rightly upholds =
the principle that trivial changes made to a drug which do not make it more=
 effective, do not warrant additional patent protection. The decision puts =
people=92s access to affordable medicines first, over additional corporate =
profits on non-essential changes.=94

In rejecting Novartis=92 challenge to Indian patent law, the court noted it=
 had no jurisdiction to rule on the compliance of Indian law to the World T=
rade Organization=92s intellectual property rules. Campaigners had indeed a=
rgued that it was inappropriate for a corporation to try to challenge inter=
-governmental rules in this way.

The decision potentially could have affected the generic manufacture of tho=
usands of other medicines in India that has made essential medicines availa=
ble not only to those not able to afford branded medicines in India, but ar=
ound the world.

Bishop Mark Hanson, presiding bishop of the Evangelical Lutheran Church in =
America, in welcoming the High Court=92s decision, said, =93Even more impor=
tant than this decision on a particular case is the principle it sets =96 p=
atents must be granted in a way that balances public health and real innova=
tion.=94

The case is relevant for putting existing medicines to new uses. Dr Eva Omb=
aka, coordinator of the Ecumenical Pharmaceutical Network, said that, poten=
tially, HIV patients had the most to lose. =93Effective anti-retroviral dru=
gs are combinations of existing drugs. A ruling in favor of Novartis would =
have meant new patents on existing chemical entities. This would have preve=
nted manufacture of affordable generic alternatives of second line antiretr=
oviral drugs combinations.=94 She concluded, =93Thank God public health has=
 won over private interest of corporations!=94

In an initial statement, Novartis said it was unlikely to appeal against th=
e ruling. An appeal to the patent decision is still pending before India=92=
s Intellectual Property Appellate Board.
Church leaders and campaigners indicate the need for supporters of public h=
ealth to remain active and vigilant to counter efforts that would further l=
imit access to essential medicines =96 in India and elsewhere. Prawate Khid=
-arn, General Secretary of the Christian Conference of Asia, stated, =93We =
need to continue to support the Indian government and other governments and=
 organizations in such efforts that support public health, and campaign aga=
inst actions that will limit people=92s access to the medicines they need f=
or health =96 and even life.=94

Rev. Dr Ishmael Noko, General Secretary of the Lutheran World Federation, c=
oncluded, =93The bottom line for us is access to essential medicines for al=
l =96 especially those living in poverty who are more vulnerable to disease=
 and ill health. This ruling is one step towards affirming existing limitat=
ions on patent protection that will help keep many medicines affordable. Bu=
t we need to go farther in developing alternatives to the current system fo=
r essential medicines.=94

For more information contact Sara Speicher, sspeicher@e-alliance.ch, +44 15=
24 727 651 or Jean Blaylock, jblaylock@e-alliance.ch, +41 79 656 4226


The Ecumenical Advocacy Alliance is a broad international network of church=
es and Christian organizations cooperating in advocacy on global trade and =
HIV and AIDS. The Alliance is based in Geneva, Switzerland. For more inform=
ation, see http://www.e-alliance.ch/




--------------------------------------
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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