[Ip-health] IHT /NYTimes: Drugs for poor and patent rights at issue in Novartis suit in India

[Sheila.SHETTLE@geneva.msf.org]

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Demonstrators protesting Novartis's lawsuit against government on patents=
=0D
Monday in New Delhi . (Money Sharma/EPA)=0D
=0D
Drugs for poor and patent rights at issue in Novartis suit in India=0D
=0D
(Embedded image moved to file: pic26962.jpg)=0D
By Amelia Gentleman=0D
Published: January 29, 2007=0D
International Herald Tribune=0D
   (Embedded image moved to file: pic24464.jpg)=0D
NEW DELHI: The supply of low-cost generic versions of cancer and AIDS=0D
treatments for the developing world could be blocked if Novartis wins a=0D
legal challenge to India's patent law, according to patients' rights=0D
groups.=0D
Western drug companies say that if the court upholds Indian patent=0D
legislation, it would severely hamper their ability to invest in the=0D
research and development of critically needed new medicines.=0D
Novartis, a Swiss pharmaceutical company, appealed Monday in a court in=0D
Madras, India, against a decision not to grant it a patent on a modified=0D
form of its leukemia drug, Gleevac. The court was asked to clarify new=0D
regulations on whether companies can patent new versions of drugs whose=0D
patents have expired.=0D
If the company wins the case, Indian companies could be banned from=0D
manufacturing generic versions of the drug, which are sold in India and=0D
around the world for about a tenth of the $2,600 price for a month's course=
=0D
of treatment charged by Novartis.=0D
Patients' rights organizations say that a ruling in favor of Novartis would=
=0D
eliminate a vital global supply of affordable, generic drugs from India.=0D
Aid agencies said this would leave millions of people without access to the=
=0D
cancer treatment. It would also effectively tighten patent legislation=0D
passed by India in 2005 to limit the manufacture of generic versions of=0D
drugs.=0D
The legislation was introduced to bring India into line with the World=0D
Trade Organization's agreement on intellectual property rights.=0D
=0D
Unni Karunakara, medical director of M=C3=A9decins Sans Fronti=C3=A8res' Ca=
mpaign for=0D
Access to Essential Medicines, said a ruling in favor of Novartis could=0D
obstruct the organization's attempts to provide treatment for AIDS patients=
=0D
globally.=0D
=0D
"Novartis is trying to shut down the pharmacy of the developing world," he=
=0D
said at a news conference in New Delhi. "Indian drugs form the backbone of=
=0D
our AIDS programs in which 80,000 people in over 30 counties receive=0D
treatment. Over 80 percent of the medicines we use to treat AIDS come from=
=0D
India."=0D
=0D
M=C3=A9decins Sans Fronti=C3=A8res and Oxfam have collected nearly 250,000 =
signatures=0D
on a petition asking Novartis to drop the case. Scores of people protested=
=0D
Monday in Delhi against the case.=0D
=0D
The 2005 patent law allows patents to be granted on new versions of older,=
=0D
off- patent medicines if the new version can be shown to represent a=0D
significant improvement on the original.=0D
=0D
Novartis said its new drug could be more easily absorbed by the body. But=
=0D
last year an Indian court rejected the argument that the drug constituted a=
=0D
major development on the earlier version.=0D
=0D
The 2005 law states new patents must not be granted to products which=0D
represent "incremental innovations."=0D
=0D
John Gilardi, a spokesman for Novartis, said by telephone from Switzerland=
=0D
that the company's appeal was in part an attempt to gauge how the law was=
=0D
going to be implemented.=0D
=0D
"We are trying to gain clarity as to what guides India's patent laws," he=
=0D
said. The case was about "clarifying intellectual property rights and not=
=0D
about access to medicines," he said, adding that Novartis already gave free=
=0D
supplies of Gleevac to 6,800 patients in India suffering from the rare form=
=0D
of leukemia it was developed to combat. He said that number represented=0D
more than 90 percent of all sufferers in the country.=0D
=0D
"If there is no patent protection, we will not see billions of dollars=0D
being invested in the research of medicines," Gilardi said. "This is not=0D
about access to medicines. It is about establishing whether India is going=
=0D
to step up and adopt the minimum international standards required for the=
=0D
protection of intellectual property."=0D
=0D
The case was adjourned Monday until Feb. 15.=0D
=0D
Thais approve generic drug=0D
=0D
Thailand's army-appointed government said Monday it had approved a=0D
low-cost, copycat version of a blockbuster heart disease drug =E2=80=94 the=
 first=0D
time a developing country has torn up the international patent for such a=
=0D
treatment, Reuters reported from Bangkok.=0D
=0D
In addition to the decision authorizing generic versions of Plavix, a heart=
=0D
disease drug made by Bristol-Myers Squibb and Sanofi-Aventis, Bangkok=0D
approved a generic version of Kaletra, an HIV/AIDS treatment of Abbott=0D
Laboratories.=0D
=0D
Thai health officials said the move would save the country as much as 800=
=0D
million baht, or $24 million a year.=0D
=0D
=0D
Battle Pits Patent Rights Against Low-Cost Generic Drugs=0D
=0D
By AMELIA GENTLEMAN=0D
Published: January 30, 2007=0D
NYTimes=0D
NEW DELHI, Jan. 29 =E2=80=94 The supply of low-cost generic versions of can=
cer and=0D
AIDS treatments for the developing world could be blocked if Novartis wins=
=0D
a legal challenge to India=E2=80=99s patent law, patients=E2=80=99 rights g=
roups have=0D
contended.=0D
But Western drug companies say that if Novartis loses its challenge, their=
=0D
ability to invest in the research and development of new medicines will be=
=0D
severely hampered.=0D
In a court in Chennai on Monday, Novartis, the Swiss pharmaceutical=0D
company, appealed a decision not to grant it a patent on a modified form of=
=0D
its leukemia drug, Gleevac. The court was asked to clarify new regulations=
=0D
on patents for new versions of drugs whose original patents have expired.=
=0D
If the company=E2=80=99s arguments prevail, Indian companies could be banne=
d from=0D
manufacturing generic versions of the drug, which are sold in India and=0D
around the world for about a tenth of the $2,600 that Novartis charges for=
=0D
a month=E2=80=99s course of treatment.=0D
Patients=E2=80=99 rights organizations say that a ruling in favor of Novart=
is would=0D
eliminate a global supply of affordable, generic drugs from India; aid=0D
agencies said millions of people would be left without access to the cancer=
=0D
treatment.=0D
It would also effectively tighten patent legislation passed by India in=0D
2005 to limit the manufacture of generic drugs. The law was intended to=0D
bring India in line with the World Trade Organization=E2=80=99s agreement o=
n=0D
intellectual property rights.=0D
The 2005 law allows patents to be granted on new versions of older,=0D
off-patent medicines if the new version can be shown to represent a=0D
significant improvement on the original, but not in the case of=0D
=E2=80=9Cincremental innovations.=E2=80=9D=0D
Novartis said its new drug could be absorbed more easily by the body. Last=
=0D
year, an Indian court rejected the argument that the drug constituted a=0D
major improvement on the earlier version.=0D
John Gilardi, a spokesman for Novartis, said by telephone from Switzerland=
=0D
that the company=E2=80=99s appeal was in part an attempt to gauge how the l=
aw was=0D
going to be put into practice.=0D
=E2=80=9CWe are trying to gain clarity as to what guides India=E2=80=99s pa=
tent laws,=E2=80=9D Mr.=0D
Gilardi said. The case was about =E2=80=9Cclarifying intellectual property =
rights=0D
and not about access to medicines,=E2=80=9D he said, adding that Novartis a=
lready=0D
gave free supplies of Gleevac to 6,800 patients in India suffering from the=
=0D
rare form of leukemia that it was developed to combat. He said that number=
=0D
represented more than 90 percent of all the cases in the country.=0D
=E2=80=9CIf there is no patent protection, we will not see billions of doll=
ars=0D
being invested in the research of medicines,=E2=80=9D Mr. Gilardi said. =E2=
=80=9CThis is=0D
not about access to medicines. It is about establishing whether India is=0D
going to step up and adopt the minimum international standards required for=
=0D
the protection of intellectual property.=E2=80=9D=0D
But Unni Karunakara, medical director of a Doctors Without Borders campaign=
=0D
to broaden access to medicines, said a ruling in favor of Novartis could=0D
obstruct the organization in providing treatment for AIDS patients=0D
globally.=0D
=E2=80=9CNovartis is trying to shut down the pharmacy of the developing wor=
ld,=E2=80=9D Dr.=0D
Karunakara said at a news conference in New Delhi. =E2=80=9CIndian drugs fo=
rm the=0D
backbone of our AIDS programs, in which 80,000 people in over 30 counties=
=0D
receive treatment. Over 80 percent of the medicines we use to treat AIDS=0D
come from India.=E2=80=9D=0D
Doctors Without Borders and Oxfam have collected nearly 250,000 signatures=
=0D
on a petition asking Novartis to drop the case, which was adjourned until=
=0D
Feb. 15.=0D
=0D
=0D
=0D
+++++++++++++++++++++=0D
Sheila Shettle=0D
Senior Communications Officer=0D
M=C3=A9decins Sans Fronti=C3=A8res=0D
Campaign for Access to Essential Medicines=0D
Rue de Lausanne 78=0D
1211 Geneva, Switzerland=0D
+ 41.22.849.8403=0D
+ 41.79.293.0270 (m.)=0D
www.accessmed-msf.org=0D
+++++++++++++++++++++++=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
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