[Ip-health] Letter to Indian Government - Brazilian NGOs

[Gabriela Chaves]

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Dr. Manmohan Singh

Hon'ble Prime Minister of India

The Prime Minister's Office

South Block, Raisina Hill,

New Delhi,

India-110011.

Telephone: 91-11-23018939

Fax: 91-11-23019334



February 16th 2007



Dear Prime Minister,



We write to you on behalf of the Working Group on Intellectual Property (GT=
PI) from the Brazilian Network for the Integration of Peoples (REBRIP). The=
 GTPI is a national network composed of organizations involved with HIV/Aid=
s, human rights, consumer's rights and also academic research in Brazil. We=
 have been fighting for wide and sustainable access to essential medicines =
and we have seen how the current patent system has negative impact on the p=
rice of medicines and, consequently, on the sustainability of access to med=
icines programs in our country.



We would like to express our grave concern over Novartis' legal action in t=
he Chennai High Court to challenge critical public health safeguard of Indi=
an law.



We consider the new Indian Patent Act, enforced since 2005, as being totall=
y compliant with the TRIPS Agreement of the World Trade Organization and we=
 believe that the provisions included in the Indian Patent Act to avoid the=
 granting of improper patents show the deep concern of your government and =
parliament with public health issues.



It is unacceptable that a transnational pharmaceutical company demands to m=
odify national rules, created in completely conformity with international t=
rade agreements. This attitude reveals company's interest in only optimizes=
 profits instead of protecting people's lives.



We have already urged Novartis to drop its legal challenge against the Indi=
an Government, and through the present letter, we ask you and your governme=
nt to do everything in your power to defend and maintain the safeguards con=
tained in the Indian Patent Act so that access to medicines for Indian peop=
le and other developing country populations that rely on Indian generics ca=
n proceed and the right to health is maintained.



In Brazil, the strong social mobilization made universal access to pharmace=
utical treatment for people living with HIV/AIDS a reality. The absence of =
patents made it possible for Brazil to produce generic versions of nearly a=
ll first-line drugs. Nevertheless, patenting of newer drugs brought prices =
up and are preventing local production. We believe everyone should have the=
 right to health and the right to access to medicines, and  if Novartis wer=
e successful in its challenge against your government, it would be a terrib=
le precedent for the whole of the developing world.



We also would like to express our solidarity with those groups of civil soc=
iety fighting in India in order to guarantee the right to health, especiall=
y the right to access to medicines.



Sincerely,



Associa=E7=E3o Brasileira Interdisciplinar de Aids (ABIA)

Av. Presidente Vargas, 446/13=BA andar - Centro

Rio de Janeiro/RJ - Cep: 20071-907

Tel: (21) 2223-1040 - Fax: (21) 2253-8495

E-mail: abia@abiaids.org.br - www.abiaids.org.br



Grupo de Incentivo =E0 Vida (GIV)

Instituto Brasileiro de Defesa do Consumidor (Idec)

Conectas Direitos Humanos

Grupo Pela Vidda, S=E3o Paulo

Bem-Estar Familiar no Brasil (BEMFAM)

Instituto Patr=EDcia Galv=E3o

F=F3rum Amazonense de OSC/Aids

Grupo de Resist=EAncia Asa Branca (GRAB)

Rede Nacional de Pessoas Vivendo com HIV/Aids, N=FAcleo Cear=E1

Grupo Pela Vidda, Rio de Janeiro

Ecos - Comunica=E7=E3o em Sexualidade

Associa=E7=E3o Brasileira Terras dos Homens

Koinonia Presen=E7a Ecum=EAnica e Servi=E7o

Grupo de Apoio =E0 Preven=E7=E3o da Aids, Sergipe (GAPA-SE)





CC:

Dr Anbumani Ramadoss

Hon'ble Minster of Health and Family Welfare

Nirman Bhavan, Maulana Azad Road

New Delhi 110011

Tel: 91-11-23061751; Fax: 91-11-23062358



Naresh Dayal,

Health Secretary

Ministry of Health and Family Welfare

New Delhi 110011

Fax: 91-11-23061252



Sri Kamal Nath

Hon'ble Minster of Commerce & Industry

Room No. 45, Udyog Bhavan

New Delhi

Tel: 91-11-23061008, Fax: 91-11-23062947



Mr. T.C. James

Deputy Secretary to the Government of India

Department of Industrial Policy and Promotion

Room No. 259, Udyog Bhavan

New Delhi 110011

Te: 91-11-23061957 Fax: 91-11-23061919



Mrs. Sonia Gandhi

President

Indian National Congress Party

& Member of Parliament

10, Janpath

New Delhi 110 001

Tel: 91-11-23014161 Fax: 91-11-23018646


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