The Novartis case raises serious concerns about access to affordable medicines in developing countries. MSF fears that if Novartis wins the case, patents may be granted in India as broadly as they are in wealthy countries. In other words, fewer generic versions of newer drugs will be produced and therefore available, which raises concerns about the supply of essential affordable medicines to the developing world.
The case
Novartis has applied for the patent of a cancer drug in India. However, their application was rejected on the grounds that the drug was simply a newer form of an old drug, and therefore was not patentable under Indian law. In addition, generic versions of the same molecule were already available in India. Novartis is therefore trying to challenge the Indian patent law, arguing that it violates World Trade Organisation rules.
Until recently, India did not grant patents on medicines and decided to produce cheaper generic version of drugs that were patented in other countries, thus becoming a key source of essential medicines, such as antiretroviral medicines to treat HIV/AIDS.
However, India has to comply with trade rules set by the World Trade Organisation, such as the Agreement on Trade-related Aspects of Intellectual Property, or TRIPS, which obliges WTO countries to grant patents on technological products, including pharmaceuticals. As a result, India began to grant patents in 2005. The concern is that this could reduce the availability of affordable medicines. According to MSF, an estimated 10,000 patent applications are waiting to be reviewed by Indian Patent offices, most of which are thought to be modifications of old drugs. However, at present, Indian law states that patents should only be granted on medicines that are truly new and innovative.
It should be noted that the Doha Declaration on TRIPS asserts that “the Agreement can and should be interpreted and implemented in a manner supportive of WTO members’ right to protect public health and, in particular, to promote access to medicines for all.”
The last hearing of the court case was held on 5th March 2007 and a judgemnet should be delivered one month later, in April.
Support for MSF’s petition so far
According to MSF, more than 350,000 people have voiced their concern about Norvartis’s actions including many patients’ groups and NGOs from across the world. Key personalities raising their voices against Norvartis include Archbishop Desmond Tutu, U.S. Congressman Henry Waxman, incoming Global Fund Director Michel Kazatchkine, former Swiss president and chair of the 2004-06 WHO Commission on Intellectual Property Innovation and Public Health (CIPH) Ruth Dreifuss, German Development Minister Heidemarie Wieczorek-Zeul, former UN Special Envoy Stephen Lewis, and author John le Carre. MSF asks Norvartis shareholders to urge CEO Daniel Vasella to withdraw the legal challenge in against the Indian government.
The European Parliament position and activities
In September 2005, the European Parliament adopted a resolution on strategic partnership between the EU and India, which “called on the EU to support India in further implementing its intellectual property law in a manner that will avoid barriers to the production, marketing and export of essential medicines.”
In order to strengthen the European Parliament’s position, a Public Hearing with representatives from NGOs and Novrtis, was organised on 23 January 2007 (12.30 - 2.00) by Anne Ferreira, Dorette Corbey, Caroline Lucas, Max Van Den Berg and Carl Schlyter Entitled ’Patient before patent’, the hearing focused on the Novartis case.
In early March, a letter of political support for the defence of the Indian Patent Act was sent by 14 members of the European Parliament to the Indian Prime Minister.
In addition the European Parliament issued an official Declaration, which was introduced by Pierre Schapira (France-PSE), Kader Arif (France-Party of European Socialists, PSE), Johan Van Hecke (Belgium-Alliance of Liberals and Democrats, ALDE), Luisa Morgantini (Italy-European United Left, GUE) and Caroline Lucas (UK-Green Party), asking Novartis to "drop the case" and the European Commission and Council to take a position on it. MSF is now hoping that the majority of MEP’s will sign the declaration in oder for it to became a European Parliament Resolution and therefore its official position on the case.
Related articles:
UPDATED - Call for support: WHO draft resolution on health Research & Development
