NGOs and personalities demand that Novartis withdraws legal actions in India

Following the rejection of its patent application for a life-saving cancer drug (imatinib mesylate - Gleevec®)** by the Chennai Patent Office, Novartis filed two cases not only challenging the rejection of its patent application but also the section 3(d) of the Indian Patent Act, on which the decision is based (exclusion of patentability for new forms or new uses of known substances). Novartis claims that section 3(d) is not in conformity with the WTO Agreement on Trade Related Aspects of Intellectual Porperty Rights (TRIPS). However, this provision is recognized as one of the flexibilities given to a country to adapt the TRIPS agreement to its public health needs. The first hearing took place in September.

The NGOs and personalities are extremely concerned about the consequences of Novartis's legal action on access to essential or life-saving generic medicines (e.g. against AIDS or cancer), not only in India, but also in other developing countries. India is today the main provider of generic medicines against HIV/AIDS in developing countries. The NGOs and personalities are “shocked that five years after the end of the trial brought by Novartis and other pharmaceutical laboratories against the South African government, Novartis is trying again to restrict the flexibility given to a country to adapt the TRIPS agreement to its public health needs.” They demand that Novartis withdraws its legal actions against the Indian Patent Act and the decision of the Indian Patent Office on Gleevec®.

*List of organizations and personalities endorsing this letter:
Organizations

• Aids-Hilfe Bern, Mr Kurt Pärli, Chairman & Mrs Béatrice Aebersold Krähenbühl, Director
• Aids-Hilfe beider Basel, Mr Stefan Moser, Director
• Association of European Cancer Leagues (ECL), Mr Bruno Meili, President
• Berne Declaration, Mr Julien Reinhard, Campaign Director
• Bethleem Mission Immensee, Mr Stefan Siebenhaar, Campaign Director
• CO-OPERAID, Dr. Rao Satapati, Director
• Groupe sida Genève, M. David Perrot, Director
• Médecins Sans Frontières - Suisse, Mr Christian Captier, General Director
• medicuba, Dr. med. Christian Jordi, President
• MIVA Schweiz, Mr Marco Medici, Director
• Pharmaciens Sans Frontières - Suisse, Mrs M.-J. Barbalat, President
• SID'Action (Lausanne), Mme Patricia Grigolin, Director
• SolidarMed Suisse, Dr. med. Pepo Frick, Vice-President
• Swiss Aids Care International, Mme Susann Mäusli, Director
• Swiss Cancer League, Prof. Dr med. Thomas Cerny, President
• Swiss Aids Federation, Mr Franz Walter, Director
• terre des hommes schweiz, Mr Michael Herzka, Director
• terre des hommes suisse, Mr Jean-Luc Pittet, Secretary General

In a private capacity:

• Mrs Ruth Dreifuss, Chairperson from the Commission on Intellectual Property Rights, Innovation and Public Health, appointed by the World Health Organization
• Dr Claudia Kessler Bodiang, member of aidsfocus.ch
• Mr Thomas Schwarz, Co-Director de Medicus Mundi Suisse
• Mrs Helena Zweifel, Coordinator of aidsfocus.ch

**Imatinib Mesylate (Gleevec®) is a cancer drug crucial in prolonging the life of patients suffering from Chronic Myeloid Leukemia (Blood Cancer). Patients must take this drug for the rest of their lives, as long as another type of treatment or cure is not available. Novartis sells Gleevec® at Rs. 1.44 million (US$ 26'000) per patient per year. Generic versions of the drug Gleevec® in the Indian market are priced at about Rs. 96'000 (US$ 2100) per patient per year. An Indian cancer patient group filed an opposition to Novartis's patent application for Imatinib Mesylate. In January 2006, the Chennai Patent Office decided in favour of the Indian patient group.