[Ip-health] Church leaders call on Novartis to drop legal case in India

Wed Feb 14 10:59:02 2007

Press Release
14 February 2007

Church leaders call on Novartis to drop the case in India

"People, not profits, must be at the center of patent law for medicines," s=
tates Archbishop Desmond Tutu. Tutu is referring to the court case being br=
ought by the Swiss pharmaceutical company Novartis against the Indian gover=
nment to challenge its patent law. Many civil society campaigners are point=
ing out that India's law contains elements that help put people before pate=
nts, but Novartis is trying to force a change in the law.

Novartis has been refused a patent for a cancer medicine, Gleevec, on the g=
rounds that the medicine was simply a new form of an old medicine with a tr=
ivial change, something which cannot be patented under Indian law. Novartis=
 is not only seeking to overturn this decision but also to challenge the la=
w itself and the way in which India has implemented international trade rul=
es on intellectual property.

In other countries where Novartis has obtained a patent for Gleevec, it is =
sold at US$2,600 per patient per month. In India generic versions of the dr=
ug are sold for less than US$200 per patient per month.

Rev. Dr Ishmael Noko, General Secretary of the Lutheran World Federation, d=
eclared "Novartis' proclaimed mission is 'to ease suffering and to enhance =
the quality of life'. But this case is not about prioritizing life. It has =
every appearance of protecting wealthy corporate interests at the expense o=
f the health of millions for whom access to affordable medicines is a matte=
r of life and death."

A ministerial declaration of the World Trade Organization in 2001 affirmed =
that international trade rules on patents "...can and should be interpreted=
 and implemented in a manner supportive of WTO members' right to protect pu=
blic health and, in particular, to promote access to medicines for all."*

India has designed a patent system that aims to reward genuine innovation a=
nd protect public health. India's law says that it is not possible to paten=
t "the mere discovery of a new form of a known substance which does not res=
ult in the enhancement of the known efficacy of that substance."+

Bishop Yvon Ambroise, of the Commission for Justice and Peace of the Cathol=
ic Bishop's Conference of India asks "How can Novartis justify asking for t=
he right to patent changes to a medicine that bring no new benefit? We supp=
ort practices that encourage and reward real innovation and progress in imp=
roving the health of people in need. We condemn practices that trivialize i=
nnovation for the sake of maximizing corporate profits." Bishop Yvon contin=
ued to say that the Church is in solidarity with the millions of people in =
need in the country and elsewhere, and is committed to the right to health,=
 especially for the poor and marginalized.

The decision in this case will affect access to thousands of other medicine=
s in India, including anti-retroviral (ARV) medicines to treat HIV. Generic=
 manufacture of older, first-line ARVs has made prices affordable, but as r=
esistance and adverse reactions develop there is a great need for access to=
 newer second-line drugs that are still very expensive.

Prawate Khidharn, General Secretary of the Christian Conference of Asia, ex=
plains that "Patent applications have been made in India for many second-li=
ne ARVs. However many of the applications are based on existing chemical en=
tities. They are, therefore, 'new forms of known substances', just like Gle=
evec." He emphasized the importance of the ruling in this current court cas=
e: "If Gleevec cannot be patented in India, it should not be possible to pa=
tent many second-line drugs either."

Medicines manufactured in India are imported by many developing countries. =
Over half the medicines currently used for HIV and AIDS treatment in develo=
ping countries come from India.

"This case is not just about patenting one drug in India," points out Alber=
t Petersen, chair of the Ecumenical Pharmaceutical Network, who recently re=
turned from Bangkok, "The result of the court case will be of great importa=
nce for the future of Thailand's health program. The fear is that Thailand =
won't be able to get the generic versions from India any more if Novartis w=
ins. And it will take time until the Thai pharmaceutical industry is able t=
o fill that gap."

Bishop Mark Hanson, presiding bishop of the Evangelical Lutheran Church in =
America, emphasizes the principle at stake. "This case is about commitment =
to the right to health. It is about the responsibility of governments to pr=
otect the health of their citizens and the right of countries to give prior=
ity to public health over the private interests of corporations."

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

=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
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/ http://www.e-alliance.ch/

* Declaration on the TRIPS agreement and public health, WT/MIN(01)/DEC/2,
http://www.wto.org/english/thewto_e/minist_e/min01_e/mindecl_trips_e.htm

+ Government of India, The patents (amendment) act, 2005. =A73d
http://www.patentoffice.nic.in/ipr/patent/patent_2005.pdf

--------------------------------------
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
------------www.e-alliance.ch---------

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