[Ip-health] Re: US-India Business Council and 3d report - Indian Groups React

[Kajal Bhardwaj]

In response to news reports=C2=A0about the release of the US business study=
 on Section 3d at the USIBC summit which was also attended by the Indian Mi=
nister of Commerce, public interest groups in India have sent the letter be=
low:
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17 June 2009
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Shri Anand Sharma,
Hon=E2=80=99ble Minister of Commerce and Industry
Room No. 45, Udyog Bhavan
Rafi Marg, New Delhi
Fax: +91-11-23062947
Pages: 3
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Re: Release of a US business funded study on India=E2=80=99s patent law
at USIBC Summit
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Shri Anand Sharma,
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We are writing to you to express grave concern over reports carried in seve=
ral Indian newspapers highlighting your attendance and participation at the=
 release of a US business funded study on India=E2=80=99s patent law at the=
 USIBC Summit.
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The study reportedly, =E2=80=9Creasons that Section 3(d) of India=E2=80=99s=
 Patents Act, which prevents incremental pharmaceutical innovations from re=
ceiving patent protection inhibits development of safer, more efficacious a=
nd more useful drugs for Indian patients.=E2=80=9D
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This is not a new allegation made by US based pharmaceutical industry and t=
heir representatives. Nor is it accurate.
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As you are aware Section 3(d) of India=E2=80=99s patent law is a key public=
 health safeguard introduced by the Indian Parliament in the 2005 amendment=
s to the Patents Act, 1970. The Indian Parliament recognized public health =
concerns regarding =E2=80=9Cevergreening=E2=80=9D =E2=80=93 a common practi=
ce of pharmaceutical companies to extend their patent monopolies on known m=
edicines by making insignificant or minor changes and accordingly introduce=
d Section 3(d). This provision acts as a check on pharmaceutical companies =
obtaining patent monopolies for medicines that are not actual inventions, s=
uch as combinations or slightly modified formulations of existing medicines=
.
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According to a Press Release from the Ministry of Commerce (4 April 2005) r=
eferring to the amendments to the patent legislation, =E2=80=9C=E2=80=A6in =
order to prevent =E2=80=9Cevergreening=E2=80=9D of patents for pharmaceutic=
al substances, provisions listing out exceptions to patentability (or what =
cannot be patented) have been suitably amended so as to remove all ambiguit=
y as to the scope of patentability=E2=80=9D.
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=C2=A0=C2=A0 Section 3(d) is being used by public interest and patients gro=
ups to ensure that frivolous patents are not granted in India. Moreover, th=
e Indian government put up a strong defence of this provision in a legal ch=
allenge by a multinational pharmaceutical company before the Madras High Co=
urt. The challenge to Section 3(d) was rejected by the Court, which recogni=
zed the importance of the provision in light of the obligation on the India=
n government to protect the right to life and health of all citizens. The C=
ourt held, =E2=80=9CWe have borne in mind the object which the Amending Act=
 wanted to achieve, namely=E2=80=A6.to provide easy access to the citizens =
of this country to lifesaving drugs and to discharge their Constitutional o=
bligation of providing good health care to its citizens.=E2=80=9D

Accordingly news reports that the Minister of Commerce and Industry will be=
 participating in this meeting are of great concern. It is unclear whether =
the Commerce Ministry has perused the contents of this study and is endorsi=
ng the same. Certainly your presence at this meeting is being used in the m=
edia to imply an endorsement of this study.
=C2=A0
We request that you immediately clarify the position of the Commerce Minist=
ry on this report.
=C2=A0
Section 3(d) and other public health safeguards in India=E2=80=99s patent l=
aw directly impact the lives of millions of patients not only in India but =
across the developing world who rely on access to safe, effective and affor=
dable medicines from India. We trust that the Ministry of Commerce and Indu=
stry will take all steps and actions to continue to defend this key provisi=
on of Indian law.
=C2=A0
Sincerely,
=C2=A0
=C2=A0
Indian Network for People living with HIV/AIDS (INP+)
Cancer Patients Aid Association (CPAA)
National Working Group on Patent Laws
Lawyers Collective HIV/AIDS Unit
Delhi Network of Positive People (DNP+)
Trade and Public Health Team, Centre for Trade and Development
Initiative for Health, Equity and Society
All India Drug Action Network
International Peoples Health Council, South Asia
Diverse women for diversity
SATHI-CEHAT
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Encl: Copy of news article - =E2=80=98New Study on protecting drugs in Indi=
a,=E2=80=99 The Hindu, 17 June 2009
=C2=A0
Cc: Ms. Meera Shankar,
Hon=E2=80=99ble Ambassador of India to the US
Embassy of India,
Washington =C2=A0=C2=A0=C2=A0=C2=A0=C2=A0=C2=A0=C2=A0=C2=A0=C2=A0=C2=A0=C2=
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Fax: +1-202-265-4351=C2=A0=C2=A0=C2=A0=C2=A0=C2=A0=C2=A0=C2=A0=C2=A0=C2=A0=
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