DNP+ letter to WHO on impact study on IP provisions in the India-EU FTA

[Guest guest]

Dr. Samlee Plianbangchang

19-1-2011

Regional Director

World Health Organization

South-East Asia Region

Indraprastha Estate

New Delhi-110002, India

Ph: 91-11-23370804, 23370809-11

Fax: 91-11-23370197, 23379395, 23379507

Re: WHO's impact study on IP provisions in the India-EU FTA

Dear Dr. Plianbangchang,

I am writing on behalf of the Delhi Network of Positive People (DNP+). Our

organization was founded in 1999 as a support group of people living with

HIV/AIDS (PLHIV). We actively work towards universal treatment access and

provide support services to the PLHIV community.

We would like to draw your attention to the ongoing negotiations between Indian

Government and European Commission for a free trade agreement specifically on

Intellectual Property (IP) and investment that will create barriers for the

production of life-saving low cost quality generic medicines.

European Commission's " TRIPS-plus " demands relevant for pharmaceuticals relate

to introduction of supplementary protection certificates (patent term extension)

and data exclusivity.

In particular, intellectual property provisions like data exclusivity would mean

that multinational companies will enjoy several years of market exclusivity

(monopoly) in India on even off patent medicines - with their cheaper,

domestically produced generic versions not registered and available for several

years.

The India-EU FTA negotiations are ongoing and are now in a crucial phase with

both governments publicly emphasizing that the trade agreement is likely to be

concluded in the next few months.

In order to stop our government from literally trading away our lives, we rely

on the studies of scientists, economists, pharmacists, lawyers, intellectual

property experts. We want to highlight the harmful impact of the EU-India Free

Trade Agreement on access to affordable generic medicines.

We know that WHO - Regional Office for South-East Asia had initiated and

completed a study estimating the economic impact of the adoption of an

intellectual property rights regime (IPR) on access to medicines. The study

based on a model developed by WHO and PAHO focused on the impact of product

patents for pharmaceuticals, patent term extension and data exclusivity on the

production and availability of generic medicines in/from India.

Already in our personal experience, patents in India on Cancer, HIV,

hepatitis medicines are making treatment expensive for newer therapy for these

diseases.

Therefore this study can prove to be a very crucial tool for us in

advocating about the impact of product patent regime in India and how TRIPS plus

measures including data exclusivity if implemented in India may affect the lives

of millions of patients in the developing world. In particular the study can

play a key role in convincing Indian decision makers that the IP provisions like

data exclusivity are in fact detrimental for patients in India and other

developing countries.

We would therefore like to request you to share the study with us and other

public interest groups at the earliest.

We would like to thank you in advance,

Sincerely,

Vikas Ahuja

President

Delhi Network of Positive People