PHA-Exchange> Action in front of Novartis headquarters in Basel. Novartisdenies access to generic medicines to poor countries

[claudio at hcmc.netnam.vn]

 from Bala <bala at haiap.org> -----
Geneva-Lausanne-Zurich, 23 November 2006

Novartis denies access to generic medicines to poor countries. Action in front 
of Novartis headquarters in Basel

Today, Bern Declaration and Oxfam International campaigners organized a stunt 
in front of Novartis Headquarter in Basel, Switzerland to denounce the 
company¹s attempt to prevent poor people in India and in other developing 
countries accessing affordable generic medicines. The Novartis case against 
the Indian government will have huge impact on poor people in developing 
countries. 

According to the WHO, 30% of the world¹s population still do not have regular 
access to essential medicines. 74% of AIDS medicines are still under monopoly 
(under patents) and 77% of Africans still have no access to AIDS treatment. 
There are many reasons for this, however generic competition is essential in 
bringing the prices down and ensuring access to medicines for all.

³Access to medicines in developing countries relies primarily on affordable 
generic versions of patented medicines. Novartis¹ court action directly 
threatens the ability for developing countries to access these medicines for 
their people² said Julien Reinhard, director of the Health Campaign at Berne 
Declaration.

The Indian legislation attacked by Novartis allows local companies to sell 
generic versions of the Novartis¹ cancer drug, Glivec®. Glivec® is 10 times 
more expensive than its generic equivalents. The Novartis Court action will 
have a much wider impact on other vital drugs for developing countries such as 
medicines for AIDS. It will also have an impact on developing countries that 
import generics from India. If Novartis is successful, it could jeopardize 
India¹s generic export industry. India is the world¹s leading exporter of 
generic medicines, with 67% of its exports going to developing countries.

According to Rolf Marti, director of the scientific secretariat of the Swiss 
Cancer Association: "Our objective is clear: all patients should have access 
to the most efficient medicines against cancer at affordable and socially 
acceptable prices. The behaviour of Novartis in the case of Glivec® in India 
goes in the opposite direction. Therefore, togethe with other organizations we 
are opposing the claims from Novartis."

In May 2006, Novartis took two cases to the Indian Courts to challenge a 
previous decision that rejected its patent application for Glivec®. This was a 
direct challenge to India¹s right to interpret the WTO TRIPS Agreement to 
protect public health. In a letter to Novartis, 52 eminent personalities and 
organizations from all over the world demanded that Daniel Vasella, CEO of 
Novartis, drop these actions in the interest of public health. To this day, 
Novartis has yet to respond to this letter. 

³The Novartis case calls into question India¹s right to utilize the WTO TRIPS 
flexibilities which ensure better access to medicines for all.² said Céline 
Charvériat, Oxfam¹s Head of Make Trade Fair campaign.

Novartis court action challenges section 3(d) of Indian patent law that 
defines the scope of patentability of a new form or new use of an already 
existing substance. This law is in line with the TRIPS flexibilities available 
for developing countries to use in their own national legislation.  To this 
day, no WTO Member State has contested these flexibilities. A WHO Commission, 
led by Ruth Dreifuss, reckoned this legislation was a good way to implement 
TRIPS flexibilities.

³If Novartis¹ challenge against the Indian patent law is successful, a key 
safeguard that can ensure the production of affordable medicines will be 
lost,² said Ellen Ot Hoen, Policy Director at MSF¹s Campaign for Access to 
Essential Medicines.  ³People the world over who rely on India as a source of 
their medicines may be affected if Novartis gets its way.²

More information:
Julien Reinhard, Déclaration de Berne, Tel : 076 327 67 41
Romain Benicchio, Oxfam International, Tel : 079 79 79  990

The pictures of the Novartis action are available free at: 
http://www.evb.ch/fr/p25011513.html
The open  letter to Novartis is available at : 
http://www.evb.ch/fr/p25011412.html
The email action  calling Novartis to withdraw its legal case is available 
at : http://www.maketradefair.com/en/index.php?file=emailnovartis.htm



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