[Ip-health] Note of the GTPI/Rebrip on Novartis' defeat in India's High Court

[Gabriela Costa Chaves]

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Note of the Working Group on Intellectual Property (GTPI) of the Brazilian =
Network for the Integration of Peoples (Rebrip) on Novartis' defeat in Indi=
a's High Court

The Working Group on Intellectual Property of the Brazilian Network for the=
 Integration of Peoples (GTPI/Rebrip) would like to publicly express its
satisfaction with the Indian government's legal and political victory over =
the pharmaceutical company, NOVARTIS.  We would like to congratulate, above=
 all,
Indian civil society groups who were highly involved in this case.

The lawsuit the company submitted to the High Court of Chennai demanded the=
 revocation of a provision in the Indian Patent Act that restricts some pos=
sibilities for patenting medicines. This provision only allows the State to=
 grant patents for real innovations. Novartis' loss in this case represents=
 an important victory for public health and for the movements that fight fo=
r access to essential medicines. It also puts a necessary halt to transnati=
onal pharmaceutical companies' advances and influence on internal legislati=
on of developing countries.

Expanding possibilities to grant new patents for medicines already protecte=
d, such as the awarding of patents for new forms or second use, poses a ris=
k for
public health, as it would unjustifiably extend the period of monopoly of a=
 patent holder over technologies that are of great interest to society.

We would like to denounce the fact that these measures have been supported =
by national patent offices, as is the case in Brazil. Currently, the Brazil=
ian
Patent Office's (INPI) internal guidelines for evaluating pharmaceutical pa=
tents are very broad and go against public health and the Brazilian patent =
law. When we look on rights and public interest, government bodies may only=
 do what the law specifically authorizes them to do, which is not what is h=
appening in the INPI . We believe that the Indian provision must be seen as=
 an example and model to improve the legislations of developing countries, =
such as Brazil.

We hope that Novartis' defeat in the Indian Court will persuade legislators=
 and in national patent offices to grant protections for only real innovati=
ons.
Finally, we would like to express our belief in social control and in the f=
reedom of developing countries to implement measures aiming to protect the =
health, safety and independence of their people. The victory of Indian civi=
l society is a victory for all those who fight for access to essential medi=
cines.


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