[Ip-health] MSF's response to India's rejection of patents on key HIV/AIDS drugs

[Laura.McCULLAGH@geneva.msf.org]

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India has rejected patents on two life-saving HIV/AIDS drugs, tenofovir and=
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darunavir. Tenofovir is a key HIV/AIDS drug recommended by the World Health=
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Organization for improved first-line treatment of HIV/AIDS. Darunavir is=0D
one of new class of expensive HIV/AIDS drugs that are needed by patients=0D
failing on their existing treatments. Access to both medicines is currently=
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limited by their high price.=0D
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=E2=80=9CThis is a really important day for HIV patients in developing coun=
tries.=0D
The rejection of the patents on tenofovir opens up the market for new=0D
generic competitors to drive down the price of this key HIV/AIDS drug,=E2=
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says Michelle Childs, Director of Policy at MSF=E2=80=99s Access to Essenti=
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Medicines Campaign. =E2=80=9CGilead now needs to remove any remaining contr=
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provisions that stop some generic companies from supplying tenofovir to=0D
other countries where there is no patent, for example Brazil where the=0D
patent on tenofovir has also been rejected. The decision regarding=0D
darunavir is significant because the drug is one of the newest and most=0D
expensive of HIV/AIDS drugs.These decisions highlight the success and=0D
importance of Section 3(d) and opposition procedures in India=E2=80=99s pat=
ent law=0D
to safeguard public health. Other countries which need access to affordable=
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essential drugs should look at India and build similar public health=0D
safeguards into their own patent law.=E2=80=9D=0D
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Section 3(d) of India=E2=80=99s patent law prohibits 'evergreening' - the p=
ractice=0D
of multinational pharmaceutical companies of making small, trivial changes=
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to existing medicines in order to extend the period of patent monopoly on a=
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drug, thereby preventing the entry of generic competitors into the market=
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and keeping drug prices high.=0D
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Laura McCullagh=0D
Communications Officer/Web Editor=0D
 Medecins Sans Frontieres=0D
 Campaign for Access to Essential Medicines=0D
 Tel:+41 22 849 89 00=0D
 E-mail: Laura.McCullagh@geneva.msf.org=0D
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www.msfaccess.org=0D
Follow us on Twitter http://twitter.com/MSF_access=0D
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Please note that I work four days a week and not on Fridays=0D
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www.msfaccess.org=0D