[Ip-health] Lancet editorial on Novartis in India and Thailand compulsory license

[Ellen T HOEN]

 The Lancet=A02007;=A0369:2


 Editorial


 Undermining TRIPS: protectionism at its worst


 Two international campaigns are currently defending the legal rights of
 the world's poorest people to access the essential medicines they need.
 Both campaigns are calling for the rules of Trade Related Aspects of
 Intellectual Property (TRIPS), a binding World Trade Organisation
 agreement, to be upheld and are targeting the pharmaceutical industry and
 the US Government.


 Novartis is taking the Indian Government to court over its decision last
 year not to grant a patent for the cancer drug imatinib mesylate. The
 patent was rejected under the conditions of the TRIPS legislation that
 India implemented 2 years ago. Section 3(d) stipulates that patents should
 only be granted on medicines that are truly new and innovative but
 Novartis is challenging this rule. Despite mounting opposition from civil
 society groups and non-governmental organisations, including a campaign
 organised by M=E9decins Sans Fronti=E8res, at the time of going to press
 Novartis still plans to take the Indian Government to court later this
 month.


 On the other side of the Indian Ocean, Thailand recently announced that it
 is making use of its rights under TRIPS flexibilities to protect public
 health by authorising the Government Pharmaceutical Organization of
 Thailand to make a cheaper generic version of the second-line
 antiretroviral drug efavirenz. But according to the pressure group
 Intellectual Property Watch, the US Government has joined Merck, and other
 US pharmaceutical companies, in saying that the Thai Government should
 have asked Merck's permission first, a stipulation that is not necessary
 under TRIPS. To date, 140 organisations and individuals have signed a
 letter to the US Secretary of State, Condoleezza Rice, asking the USA to
 stop interfering with the Thai efforts.


 Both these cases take international law into unchartered territory. If
 Novartis and the US Government (and Merck) get their way, this will have
 grave implications for the rights of poorer countries to protect public
 health, which TRIPS flexibilities are supposed to protect. It will also be
 a further blow to the authority of the World Trade Organisation which is
 already drastically undermined by the repeated failure of the Doha round
 of trade talks where the imbalance of power allows some countries to put
 their own interests before the rules of international trade agreements.


 The Lancet









______________________________________

Ellen F.M. 't Hoen LL.M.
Director Policy Advocacy

Medecins sans Frontieres
Access to Essential Medicines Campaign
8, rue Saint - Sabin
75544 Paris cedex 11
France

tel: + 33 1 4021 2836
fax: + 33 1 40212960
e-mail: ellen.t.hoen@paris.msf.org
www.accessmed-msf.org

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+++++++++++++++++++++++
SIGN MSF'S 'DROP THE CASE' PETITION

Millions of people around the world today rely on affordable medicines
produced in India.  Pharmaceutical company Novartis is taking the Indian
government to court to force a change in the country's patent law.  If
Novartis wins, a major source of affordable medicines for millions of
people across the globe could dry up.

MSF is urging Novartis to DROP THE CASE.

Find out more and sign up to our petition:
http://www.msf.org/petition_india/international.html
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