PHA-Exchange> Geneva NGO group supports campaign on Indian patents law

[Nance (PHM)]

On February 24rth the Steering Committee of the NGO Forum for Health 
adopted a resolution in support of the international mobilisation 
against the adoption of TRIPS+ by the Indian government, and, on 
February 25th, the following letter (see below) was faxed to the Indian 
Mission in Geneva.
The NGO Forum for Health is a well known advocacy group in Geneva which 
brings together people from the WCC, PHM, ICW, IBFAN, the CERN and many 
other large international NGOs and institutions.
The NGO Forum further resolved to circulate documentations to all its 
constituent members for the adoption of a joint platform on the issue as 
soon as feasable.
Nance Upham, PHM, NGO Forum for Health St. Com.

His Excellency H.S. Puri
Ambassador of India to the United Nations
India Mission in Geneva
9, rue du Valais
1202 Genève
Tel: + 41 22 906 86 86
Fax + 41 22 906 86 96
 
 
His Excellency
 
We would like to express our support for the Global Campaign against 
Indian Patents Amendment (GCAIPA, www.gcaipa.org 
<http://www.gcaipa.org/>), a Global coalition of networks, 
organizations, public health and other interest groups who have come 
together to oppose the present form of the Presidential Ordinance 
brought in to amend the Indian Patents Act of 1970. We strongly oppose 
the present form of the Presidential Ordinance brought in to amend the 
Indian Patents Act of 1970. We strongly believe that this Ordinance 
seriously compromises accessibility, affordability and availability of 
medicines which are important components of Right to Health and Right to 
Food.
 
We would like to bring to your attention that many NGOs and professional 
associations have expressed their concern that in the future, if a 
restrictive interpretation of TRIPS is adopted by the government of 
India, generic antiretrovirals and other essential drugs from India may 
no longer be available to them.
 
Non Governmental and professional organizations have been actively 
involved in monitoring the implication of trade agreements on public 
health. The impact of the end of the transition period at Jan 1 2005 
allowed under the TRIPS Agreement, which delayed the application of 
product patents, on the local production and supply of generic 
antiretroviral and other medicines.
 
The WTO Ministerial Declaration of the TRIPS Agreement and Public Health 
adopted in Doha 2001 affirmed that the “TRIPS Agreement can and should 
be implemented in a manner supportive of WTO Members’ right to protect 
public health and, in particular, to promote access to medicines for 
all”. In line with this, several resolutions of the World Health 
Assembly have also demanded that national legislation should be adapted 
in order to use to the full the flexibilities contained in the TRIPS 
Agreement.
 
As India is the leader in the global supply of affordable 
antiretrovirals drugs and other essential medicines, we hope that your 
government will take the necessary steps to continue to take into 
consideration the needs and aspirations of the poorest nations which 
need access to these drugs and will refrain from adopting unnecessary 
restrictions not required under the TRIPS Agreement.
 
Many countries have expressed the hope that full use of the Doha 
resolution will be exercised and that India will respond to the concerns 
expressed by governments and civil society not-for profit NGOs at 
regional and global meetings. The WHO reports such concerns from 
regional meetings in Kenya (Ghana, Malawi, Namibia) and Malaysia 
(Bangladesh, Cambodia, China, Indonesia, Korea, Laos, Thailand, 
Vietnam), and we have heard the concerns of many partners from around 
the world.
 
We thank you for taking this letter into consideration, and please 
accept our respectful consideration,
  For the NGO Forum for Health Steering Committee
Mats 
Ahnlund,                                                             
Manoj Kurian,
President 
                                                                    
Treasurer