People's convention on the Patents Bill

[Guest guest]

INVITATION:

PEOPLE'S CONVENTION ON THE PATENTS BILL

Dear Friends,

This is an open invite to the PEOPLE'S CONVENTION ON THE PATENTS BILL

Date: 30 November 2004

Venue: Dhuru Hall, Dadar Sarvajanik Vachanalaya Building, Chhabildas Road, Close

to Dadar Railway Station / Vanmali Hall, Dadar (West), Mumbai - 400 028

Time: 4 pm - 6.30 pm

As per obligations under the World Trade Organisations (WTO's) Agreement on

TRIPS (Trade Related Aspects of Intellectual Property Rights), the Government of

India has initiated steps to amend the Patents Act to introduce product patent

protection to medicines, agrochemicals and food. The product patents regime

prohibits other manufactures to produce the same medicine without incurring

extremely high costs.

The impact of this monopoly on access to medicines is already being felt in

India. The Controller of Patents has granted an Exclusive Marketing Right (EMR)

to Novartis AG, for the drug called Gleevec used for the treatment of patients

suffering from Chronic Myeloid Leukaemia (CML), a life threatening form of

cancer. EMR is granted as a transitional arrangement before providing product

patent protection. Gleevec is sold by Novartis AG at Rs.1, 20,000 per month. The

generic (non-branded) version of the drug was otherwise available to CML

patients at Rs 9,000-12,000 per month. The EMR, if enforced will result in the

withdrawal of generic version of Gleevec from the market. Consequently, the

overwhelming majority of patients that suffer from CML every year in India will

be denied access to this life saving drug. Both the industry and the civil

society have approached the Supreme Court of India to challenge the decision of

granting EMR on Gleevec.

The product patent capture of the agrochemicals will provide companies with

excessive powers to charge monopoly prices on inputs like pesticides and

fertilizers- which would result in more farmer suicides. Pulses, and other basic

food grains produced in a agricultural regime captured by patents is bound to be

costlier given that patented inputs to agriculture will cost more. This vicious

spiral is bound to negatively hit consumers, especially those who belong to the

poor segments of society.

As part of the obligations under TRIPs, a Patent Amendment Bill (Bill) was

introduced in the 13th Lok Sabha in December 2003. The Bill lapsed due to the

dissolution of the Lok Sabha. In the last week of August 2004, the Cabinet

decided to revive this process and referred the Bill to a Group of Ministers

(GoM) to study the implications of contentious issues in the Bill.

The GoM process has been non-transparent; there has been no opportunity to

public interest groups to represent their concerns. This is a matter of concern

because the Bill, in its present form, seriously compromises the accessibility

and availability of medicines, two important components of right to health. The

Bill is expected to be tabled in the Parliament during the winter session, which

begins 1st of December 2004. It is urgent that civil society groups question

both the process and content of the Bill.

As a first step to hold the government accountable several groups in Mumbai have

got together to organize a public meeting in Mumbai to inform the public about

the implications of this bill.

Similar meetings will be held in Bangalore, New Delhi and Calcutta. As groups

working on public interest issues we would like to actively contribute to this

process of ensuring that the bill is defeated in the parliament.

Thank you.

In solidarity

Affordable Medicines and Treatment Campaign (AMTC),

Focus on the Global South, Mumbai,

Jan Swasthiya Abhiyan (Peoples Health Movement) Mumbai Chapter,

Lawyers Collective HIV/AIDS Unit,

National Alliance of Peoples Movements (NAPM), Mumbai,

Mumbai Grahak Panchayat ( MGP)

Affordable Medicine and Treatment Campaign

Phone: +91 22 22676213/0, Email: amtc_india@...

Contact person: K M Gopakumar

Focus on Global South, Mumbai

Phone: 26651292/56751896, Email: focusind@...

Contact person: Benny Kuruvilla

" lawyers "

E-mail: <aidslaw@...>