[Ip-health] Pharmabiz- Indian concern about proposed India-EU FTA clause on data exclusivity spreads to Europe

[Terri - Louise Beswick]

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Indian concern about proposed India-EU FTA clause on data exclusivity sprea=
ds to Europe

Monday, February 15, 2010 08:00 IST
Joseph Alexander, New Delhi

Backing up the objections constantly raised by the advocacy groups in India=
, a prominent member of the European Parliament has raised concerns about t=
he proposed Free Trade Agreement between India and European Union, claiming=
 that it would adversely affect the Indian generic industry and thereby the=
 access of affordable medicines for the poor.

The resentment comes even as India and Europe are pushing aggressively for =
the FTA which is under negotiation. The trade pact is likely to be signed b=
y the end of this year during the India-EU summit of 2010. After initiating=
 the process in 2007, eight rounds of talks have been completed between the=
 two sides and the authorities have claimed considerable progress on severa=
l issues.

Joining the issue with the India public interest groups, David Martin, a Sc=
ottish Labour Party member in the European Parliament since 1984, expressed=
 concern about the planned free trade agreement which will have far-reachin=
g provisions on intellectual property including data exclusivity clauses.

India is a leading exporter of low-priced generic medicines to other develo=
ping countries and such provisions could have repercussions far beyond the =
country, according to Martin. "This is not just bad news for India," he sai=
d. "It is bad news for those countries to which generic medicines from Indi=
a are provided."

Many public interest groups like M=E9decins Sans Fronti=E8res have been rai=
sing similar concerns for sometime now. A paper brought out by Delhi-based =
CENTAD last year had cited in detail the harmful provisions of the FTA whil=
e many other groups in the arena also joined the campaign against the pact.

"EU is also pushing for certain provisions that will hamper access to medic=
ines for Indians. European Federation of Pharmaceutical Industries and Asso=
ciations, the lobby of pharma and agrochemical industries, has pushed for d=
ata exclusivity provisions that would require TRIPS Plus policies to be ado=
pted by India," it said.

"The EU is also likely to include a clause that supports the right of the F=
TA parities to protect public health. However, a data exclusivity clause wo=
uld severely curtail that right. Reports show that litigation by major phar=
maceutical companies such as Novartis post the 2005 Act is already on the r=
ise with such companies filing for patents on spurious grounds. Indian publ=
ic health advocacy groups are opposing such patents in the interest of canc=
er and HIV/AIDS patients,'' the paper said.



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