The challenge made by Swiss pharmaceutical company Novartis against a section of India’s 2005 Patents Act was dismissed by the High Court in Chennai, India on 6th August, 2007 marking a significant victory for organisations and campaigners against the further tightening of patent laws in developing countries. Novartis had argued that the Patents Act breaches the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) after an application for a patent on its anti-cancer drug, Glivec, was rejected by the Indian patent office in January 2006. The court dismissed the case saying that the Indian court has no authority to decide whether the national law is compliant with this international treaty.

This important decision means that patents will only be granted on the basis of research and development as opposed to minor adaptations to existing medicines. As a result, less patents will be issued by the Indian patenting office allowing for essential generic drugs to be produced at lower prices.

India has often been called the ‘pharmacy of the developing world’ because it is responsible for the supply of a large proportion of affordable generic medicines. In terms of the campaign for Universal Access to AIDS Treatment, half of the generic Antiretroviral drugs used to treat AIDS in the developing world come from India.

As a statement by Oxfam in relation to the case has asserted, ‘Generic competition is the only proven way of reducing drug prices in a sustainable way. With this law, India strikes the right balance between ensuring low prices and promoting real innovation of medicines.’

Another important outcome of the ruling is the message it will send to other pharmaceutical companies about where the law stands on cases such as this. A ruling in favour of Novartis could have led to other companies making similar moves to prevent the production of other affordable medicines by India that are vital to the treatment of many diseases in the developing world.

Both Oxfam and Médecins Sans Frontières, key players in the petition for Novartis to drop the case, have responded to the decision with huge positivity and highlighted the benefits to thousands of peoples’ lives. However, Novartis, in an initial statement, claim that the decision will limit medical progress and obstruct research and development into better medicines.

Dr Brian Druker was a key player in the development of the drug marketed as Glivec by Novartis and he has called for an end to the abuse of patenting laws by the major pharmaceutical companies. He argues that the role of academics and public institutions is often overlooked in the development of life-saving drugs and that “patenting minor changes to extend monopoly prices spells misuse”. To read his article on this issue click on the link below:

http://www.livemint.com/2007/08/15003521/Don8217t-abuse-patents-sci.html

The international attention given to this case has helped to raise the profile of the issue and has probably also influenced Novartis’ comment that they are unlikely to appeal the decision in the Supreme Court. Nearly half a million people worldwide signed a petition requesting Novartis to drop the case including, of course, the many of you involved in the Stop AIDS Campaign. This case shows us that we can make a huge difference to thousands of peoples’ lives by simply taking the time to understand the issues and making our voices heard! WELL DONE!

This entry was posted on Friday, August 24th, 2007 at 10:41 am and is filed under Campaign News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.