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<DIV><FONT face=Arial size=2>Dear Members,</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>A </FONT>Press release from Berne Declaration &
Oxfam international for your information. </DIV>
<DIV> </DIV>
<DIV>Bala<BR><BR>Geneva-Lausanne-Zurich, 23 November 2006<BR><BR></DIV>
<H2>Novartis denies access to generic medicines to poor countries. Action in
front of Novartis headquarters in Basel<BR></H2><BR>T<B>oday, 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. <BR></B><BR>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.<BR><BR>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.<BR><BR>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.<BR><BR>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."<BR><BR>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. <BR><BR>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.<BR><BR>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.<BR><BR>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 Œt 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<BR><BR><B>More information:<BR></B>Julien Reinhard, Déclaration de Berne,
Tel : 076 327 67 41<BR>Romain Benicchio, Oxfam International, Tel : 079 79 79
990<BR><BR>The <B>pictures of the Novartis action</B> are available free
at: http://www.evb.ch/fr/p25011513.html<BR>The <B>open letter to
Novartis</B> is available at : http://www.evb.ch/fr/p25011412.html<BR>The
<B>email action calling Novartis to withdraw its legal case</B> is
available at :
http://www.maketradefair.com/en/index.php?file=emailnovartis.htm<BR><BR>--
<BR>Déclaration de Berne - Berne Declaration<BR>Julien Reinhard<BR>52, r. de
Genève, CH-1004 Lausanne, Switzerland<BR>Tél direct: +41-21-620 03 06. Fax:
+41-21-620 03 00.<BR>Courriel: reinhard@ladb.ch. Web:
www.ladb.ch<BR></BODY></HTML>