Call for Action against Indian Government adopting TRIPS++

[Guest guest]

Four years ago, millions of people living with HIV/AIDS could not afford the

price of antiretroviral (ARV) drugs. The price was between US$10,000 -12,000

(Approx.Rs.4,50,000 - 5,40,000) per annum. By 2003 the prices had come down to

US$ 140 (Rs.6300) per annum.

How did this miracle happen? The answer lies in the Indian Patents Act, which

provides only process patent protection to pharmaceutical inventions.

However, after 31st December 2004, because of a Presidential Ordinance brought

out by the Indian Government to comply with TRIPS the situation could go back to

the one four years ago as the Indian Government did not make use of the

flexibilities available within TRIPS and instead has included TRIPS PLUS

provisions.

A Global Day of Action is being organized on Feb 26, 2005 to protest the Patents

Amendment bill that is currently under consideration by Indian parliament. India

is under pressure to comply with the TRIPS agreement on Intellectual Property

Rights, as dictated by World Trade Organization (WTO).

This peoples' mobilization effort is aimed at building solidarity around

pressurizing the Indian Government to reassess the Bill to take into account all

the flexibilities offered by TRIPS. The bill in its current form is even more

stringent than what the TRIPS regulations demand. Ideally, we believe it is in

the best interest of people in India that TRIPS itself be eliminated altogether.

If India's patent laws are changed to favour international market demands,

majority of Indians who can barely afford medicines and health care even in the

current scenario and as many as 200 developing countries, would be severely

affected by this. Costs of medicines will be dictated by a few multi-national

companies in US and Europe, and borne by those suffering from HIV/AIDS, cancer,

tuberculosis, malaria and other life threatening diseases.

In fact, recently World Health Organization, the premier institution in health

services in the developing world has sent a letter to the Indian Health Minister

outlining the harmful implications of the proposed amendments on the health care

sector. They are especially concerned for 40 million people suffering from HIV

and AIDS in the world. These people need life- saving anti-retroviral therapy as

well as generic drugs that were available from India at much lower price as

compared to those from multi-national companies. New York Times published a

scathing criticism of the Indian Government asking it not to yield under

international pressure and amend its patent laws.

At present, an average " poor " household in India spends almost 50% of its

lifetime income on healthcare. Health care expenses are the second largest cause

for indebtedness in rural India. Changes in the patent laws will stop the local

drug companies from making generic versions of medicines causing prices to shoot

up astronomically.

Many Indian organizations and international groups are making intensive efforts

to prevent these amendments from coming into effect. We believe that a

collective struggle can bring a significant impact on the Patents Act. A major

global mobilization for " right to health " is underway! This coalition is trying

to interact members of the Indian parliament to urge them to stop this draconian

law from coming into existence, for the interest of common people's right to

health.

More info http://www.gcaipa.org/