Letter from UN Special Envoys to Prime Minister and to President of India on Drug Patents and ARV's

[Guest guest]

Dear Friends:

Here is a copy of the two-page letter sent by the UN Special Envoy for HIV/AIDS

in Asia and the Pacific, Dr. Nafis Sadik, and the

UN Special Envoy for HIV/AIDS in Africa, , to their

Excellencies the Prime Minister and the President of India on the subject of

India's stance on Patents and ARV's.

Regards,

Bobby

E-mail: <bj@...>

____________________

New York, 11 March 2005

The Honourable Dr. Manmohan Singh

Prime Minister of India

South Block, Raisina Hall

New Delhi, 110 001, India

Dr. Avul Pakir Jainulabdeen Abdul Kalam

President of India

Rashtrapati Bhawan

New Delhi 110 004, India

Excellencies,

We are writing to you, in our capacities as the United Nations'

Special Envoys for HIV/AIDS in Asia and the Pacific, and in Africa, on a

matter of urgent importance. We believe that enlightened decisions by the

Indian Parliament over the next several days can offer the protections

needed to prolong millions of lives, and maintain India's leading role as a

supplier of affordable medicines to the developing world.

As a reflection of our deep concern, we should note that this is

the first time that the two of us have ever collaborated on such an appeal.

India's role in addressing the global AIDS pandemic has been

crucial. Your Government's long history of ensuring the primacy of public

health over intellectual property set the stage for principled positions

and legislation promoting access to essential HIV medicines. As a result,

the lives of HIV-positive people throughout the developing world are now

being sustained by quality generic drugs.

Continued access to affordable antiretrovirals and other

HIV-related medicines promises to prolong millions more lives in the

immediate future. We are deeply concerned that, following the 1 January 2005

full implementation deadline for the TRIPS Agreement, those lives are now in

jeopardy.

As you know, Excellencies, the Indian Parliament's current

discussion of the President's Patent Ordinance will determine the scope of

India's patent protection for the future. Approximately one-half of the

700,000 people currently receiving HIV treatment in developing countries

depend on India's pharmaceutical manufacturers. Because international

efforts are underway to multiply the number of people on treatment many

times over, the outcome of Parliament's discussions will also decide the

futures of millions of people worldwide.

We are truly at a turning point in our response to the pandemic of

HIV/AIDS. The goal of putting three million people into treatment by the

end of this year has prompted a reservoir of hope. But for that hope to be

fulfilled, generic drugs must be available. People Living With AIDS stand

poised between life and death. The Parliament of India can make it

possible for millions of people to embrace life.

Excellencies, we urge that every flexibility offered by the TRIPS

Agreement be incorporated in the President's Patent Ordinance and that no

" TRIPS-plus " provisions are included which would jeopardize the continued

supply of crucial, affordable AIDS therapies and other essential medicines

by India to the world. It is not possible to exaggerate the international

importance of the decisions facing India.

It is our fervent hope that amendments to the 1970 Patent Act will

be made in the praiseworthy spirit that characterized India's courageous

leadership during negotiations of the World Trade Organization's Uruguay

Round and the Doha Declaration on TRIPS and Public Health.

Accept, Excellencies, the assurances of our highest consideration.

Nafis Sadik, M.D.

Special Envoy of the UN Secretary - HIV/AIDS in Asia and the Pacific

, Special Envoy of the UN Secretary-General for HIV/AIDS in

Africa

cc:

The Hon. Kamal Nath, Minister of Industry and Commerce

Ministry of External Affairs, South Block Raisina Hall, New Delhi 110001,

India

Mrs. Gandhi, Indian National Congress Party Chairman

10, Janpath, New Delhi 119 001, India