[Ip-health] Open letter to Novartis' CEO from Members of the European Parliament

[Alexandra HEUMBER]

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Below the Open-Letter from 5 Members of the European Parliament sent to=0D
Dr. Daniel Vasella (CEO of Novartis), requesting him to withdraw the case=
=0D
against the Indian Government.=0D
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          MEMBER OF THE EUROPEAN PARLIAMENT=0D
=0D
Alterio Spinelli Building                    Dr. Daniel Vasella=0D
European Parliament                        Novartis International AG=0D
60 Rue Wiertz                                 Schwarzwaldallee 215=0D
B-1047                                           4002=0D
Brussels                                           Basel=0D
Belgium                                           Switzerland=0D
=0D
=0D
=0D
=0D
9th February 2007=0D
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Dear Dr Vasella,=0D
=0D
We are writing to you concerning the legal action being taken by your=0D
company against the Indian Government and its patent laws.=0D
=0D
On 23rd January we held a hearing on this issue in the European Parliament=
=0D
in Brussels. Present at the meeting were representatives of your company=0D
and of the humanitarian organisations M=C3=A9decins Sans Fronti=C3=A8res an=
d Oxfam.=0D
The hearing gave us the opportunity to hear and to understand both sides=0D
of the argument.=0D
=0D
As representatives of European citizens, we want to express our grave=0D
concerns regarding your action against a government that chooses, in=0D
compliance with the Doha Declaration on TRIPS and Public Health, to=0D
interpret and implement the TRIPS Agreement =E2=80=9Cin a manner supportive=
 of=0D
[its] right to protect public health and, in particular, to promote access=
=0D
to medicines for all=E2=80=9D.=0D
=0D
=0D
On September 29th 2005 the European Parliament adopted a Resolution which=
=0D
stressed the crucial role of India in providing essential medicines for=0D
the developing world, and called =E2=80=9Con the EU to support India in fur=
ther=0D
implementing its intellectual property laws in a manner that will avoid=0D
barriers to the production, marketing and export of essential medicines=E2=
=80=9D.=0D
=0D
The Indian parliament has thereby adopted a pro-public health patent law,=
=0D
which is crucial since India is one of the major exporters of affordable=0D
medicines to developing countries. Section 3(d) of the Indian Patent Acts,=
=0D
which your company is challenging, was deliberately designed to enable a=0D
patent system that allows the greatest access to medicines.=0D
=0D
We are aware that if your legal action is successful, the consequences=0D
will be significant not only for India, but globally . We are also aware=0D
that around 10000 patent applications, including for AIDS drugs and other=
=0D
essential medicines are currently awaiting examination by the Indian=0D
Patent offices. Whether patents on these medicines will be granted may=0D
depend on the outcome of this case. If your company is successful India=0D
may cease to be able to export affordable medicines to the developing=0D
world.=0D
=0D
We acknowledge the importance of patent rights. However, they must not go=
=0D
against the interest of millions of people who desperately need access to=
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cheaper drugs.=0D
=0D
For the sake of the public interest, we request you to withdraw your case=
=0D
against the Indian Government.=0D
=0D
=0D
Anne FERREIRA           Caroline LUCAS          Dorette CORBEY=0D
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=0D
Max van den BERG                                        Carl SCHLYTER=0D
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###################################=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
=0D
Alexandra Heumber=0D
EU Advocacy Liaison Officer=0D
M=C3=A9decins Sans Fronti=C3=A8res=0D
Access to Essential Medicines Campaign=0D
Rue Dupr=C3=A9, 94. 1090 Brussels=0D
++32 (0) 2 474 75 09 (Dir off)=0D
++ 32 (0) 479 514 900 (Mob)=0D
++ 32 (0) 2 474 75 75 (Fax)=0D
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