Brazilian NGOs letter to the Government of India

[Guest guest]

Dr. Manmohan Singh

Hon'ble Prime Minister of India

The Prime Minister's Office

South Block, Raisina Hill,

New Delhi,

India-110011.

Telephone: 91-11-23018939

Fax: 91-11-23019334

February 16th 2007

Dear Prime Minister,

We write to you on behalf of the Working Group on Intellectual Property (GTPI)

from the Brazilian Network for the Integration of Peoples (REBRIP). The GTPI is

a national network composed of organizations involved with HIV/Aids, human

rights, consumer's rights and also academic research in Brazil. We have been

fighting for wide and sustainable access to essential medicines and we have seen

how the current patent system has negative impact on the price of medicines and,

consequently, on the sustainability of access to medicines programs in our

country.

We would like to express our grave concern over Novartis' legal action in the

Chennai High Court to challenge critical public health safeguard of Indian law.

We consider the new Indian Patent Act, enforced since 2005, as being totally

compliant with the TRIPS Agreement of the World Trade Organization and we

believe that the provisions included in the Indian Patent Act to avoid the

granting of improper patents show the deep concern of your government and

parliament with public health issues.

It is unacceptable that a transnational pharmaceutical company demands to modify

national rules, created in completely conformity with international trade

agreements. This attitude reveals company's interest in only optimizes profits

instead of protecting people's lives.

We have already urged Novartis to drop its legal challenge against the Indian

Government, and through the present letter, we ask you and your government to do

everything in your power to defend and maintain the safeguards contained in the

Indian Patent Act so that access to medicines for Indian people and other

developing country populations that rely on Indian generics can proceed and the

right to health is maintained.

In Brazil, the strong social mobilization made universal access to

pharmaceutical treatment for people living with HIV/AIDS a reality. The absence

of patents made it possible for Brazil to produce generic versions of nearly all

first-line drugs. Nevertheless, patenting of newer drugs brought prices up and

are preventing local production. We believe everyone should have the right to

health and the right to access to medicines, and if Novartis were successful in

its challenge against your government, it would be a terrible precedent for the

whole of the developing world.

We also would like to express our solidarity with those groups of civil society

fighting in India in order to guarantee the right to health, especially the

right to access to medicines.

Sincerely,

Associação Brasileira Interdisciplinar de Aids (ABIA)

Av. Presidente Vargas, 446/13º andar - Centro

Rio de Janeiro/RJ - Cep: 20071-907

Tel: (21) 2223-1040 - Fax: (21) 2253-8495

E-mail: abia@... - www.abiaids.org.br

Grupo de Incentivo à Vida (GIV)

Instituto Brasileiro de Defesa do Consumidor (Idec)

Conectas Direitos Humanos

Grupo Pela Vidda, São o

Bem-Estar Familiar no Brasil (BEMFAM)

Instituto Patrícia Galvão

Fórum Amazonense de OSC/Aids

Grupo de Resistência Asa Branca (GRAB)

Rede Nacional de Pessoas Vivendo com HIV/Aids, Núcleo Ceará

Grupo Pela Vidda, Rio de Janeiro

Ecos - Comunicação em Sexualidade

Associação Brasileira Terras dos Homens

Koinonia Presença Ecumênica e Serviço

Grupo de Apoio à Prevenção da Aids, Sergipe (GAPA-SE)

CC:

Dr Anbumani Ramadoss

Hon'ble Minster of Health and Family Welfare

Nirman Bhavan, Maulana Azad Road

New Delhi 110011

Naresh Dayal,

Health Secretary

Ministry of Health and Family Welfare

New Delhi 110011

Sri Kamal Nath

Hon'ble Minster of Commerce & Industry

Room No. 45, Udyog Bhavan

New Delhi

Mr. T.C.

Deputy Secretary to the Government of India

Department of Industrial Policy and Promotion

Room No. 259, Udyog Bhavan

New Delhi 110011

Mrs. Gandhi

President

Indian National Congress Party

& Member of Parliament

10, Janpath

New Delhi 110 001

a Chaves

Associação Brasileira Interdisciplinar de Aids (ABIA)

e-mail: <gabriela@...>