Today, Bern Declaration and Oxfam International campaigners organized a stunt in front of Novartis Headquarter in Basel, Switzerland to denounce the company’s attempt to prevent poor people in India and in other developing countries accessing affordable generic medicines. The Novartis case against the Indian government will have huge impact on poor people in developing countries.
According to the WHO, 30% of the world’s population still do not have regular access to essential medicines. 74% of AIDS medicines are still under monopoly (under patents) and 77% of Africans still have no access to AIDS treatment.
There are many reasons for this, however generic competition is essential in bringing the prices down and ensuring access to medicines for all.“Access to medicines in developing countries relies primarily on affordable generic versions of patented medicines. Novartis’ court action directly threatens the ability for developing countries to access these medicines for their people,” said Julien Reinhard, director of the Health Campaign at Bern Declaration.
The Indian legislation attacked by Novartis allows local companies to sell generic versions of the Novartis’ cancer drug, Glivec®.
Glivec® is 10 times more expensive than its generic equivalents. The Novartis Court action will have a much wider impact on other vital drugs for developing countries such as medicines for AIDS. It will also have an impact on developing countries that import generics from India. If Novartis is successful, it could jeopardize India’s generic export industry.
India is the world’s leading exporter of generic medicines, with 67% of its exports going to developing countries.
According to Rolf Marti, director of the scientific secretariat of the Swiss Cancer Association: "Our objective is clear: all patients should have access to the most efficient medicines against cancer at affordable and socially acceptable prices. The behavior of Novartis in the case of Glivec® in India goes in the opposite direction.
Therefore, together with other organizations we are opposing the claims from Novartis."In May 2006, Novartis took two cases to the Indian Courts to challenge a previous decision that rejected its patent application for Glivec®. This was a direct challenge to India’s right to interpret the WTO TRIPS Agreement to protect public health.
In a letter to Novartis, 52 eminent personalities and organizations from all over the world demanded that Daniel Vasella, CEO of Novartis, drop these actions in the interest of public health. To this day, Novartis has yet to respond to this letter.
“The Novartis case calls into question India’s right to utilize the WTO TRIPS flexibilities which ensure better access to medicines for all,” said Céline Charvériat, Oxfam’s Head of Make Trade Fair campaign.Novartis court action challenges section 3(d) of Indian patent law that defines the scope of patentability of a new form or new use of an already existing substance. This law is in line with the TRIPS flexibilities available for developing countries to use in their own national legislation.
To this day, no WTO Member State has contested these flexibilities. A WHO Commission, led by Ruth Dreifuss, believed this legislation was a good way to implement TRIPS flexibilities.“If Novartis’ challenge against the Indian patent law is successful, a key safeguard that can ensure the production of affordable medicines will be lost,” said Ellen ‘t Hoen, Policy Director at MSF’s Campaign for Access to Essential Medicines. “People the world over who rely on India as a source of their medicines may be affected if Novartis gets its way.”
For more information, please contact:Julien Reinhard, Déclaration de Berne, Tel : +41 (0)76 327 67 41Romain Benicchio, Oxfam International, Tel : +41 (0)79 79 79 990
Go here for: more pictures of the Novartis action and the open letter to Novartis on the Bern Declaration site.
Go here for the email action calling Novartis to withdraw its legal case is available on the Make Trade Fair website.
According to the WHO, 30% of the world’s population still do not have regular access to essential medicines. 74% of AIDS medicines are still under monopoly (under patents) and 77% of Africans still have no access to AIDS treatment.
There are many reasons for this, however generic competition is essential in bringing the prices down and ensuring access to medicines for all.“Access to medicines in developing countries relies primarily on affordable generic versions of patented medicines. Novartis’ court action directly threatens the ability for developing countries to access these medicines for their people,” said Julien Reinhard, director of the Health Campaign at Bern Declaration.
The Indian legislation attacked by Novartis allows local companies to sell generic versions of the Novartis’ cancer drug, Glivec®.
Glivec® is 10 times more expensive than its generic equivalents. The Novartis Court action will have a much wider impact on other vital drugs for developing countries such as medicines for AIDS. It will also have an impact on developing countries that import generics from India. If Novartis is successful, it could jeopardize India’s generic export industry.
India is the world’s leading exporter of generic medicines, with 67% of its exports going to developing countries.
According to Rolf Marti, director of the scientific secretariat of the Swiss Cancer Association: "Our objective is clear: all patients should have access to the most efficient medicines against cancer at affordable and socially acceptable prices. The behavior of Novartis in the case of Glivec® in India goes in the opposite direction.
Therefore, together with other organizations we are opposing the claims from Novartis."In May 2006, Novartis took two cases to the Indian Courts to challenge a previous decision that rejected its patent application for Glivec®. This was a direct challenge to India’s right to interpret the WTO TRIPS Agreement to protect public health.
In a letter to Novartis, 52 eminent personalities and organizations from all over the world demanded that Daniel Vasella, CEO of Novartis, drop these actions in the interest of public health. To this day, Novartis has yet to respond to this letter.
“The Novartis case calls into question India’s right to utilize the WTO TRIPS flexibilities which ensure better access to medicines for all,” said Céline Charvériat, Oxfam’s Head of Make Trade Fair campaign.Novartis court action challenges section 3(d) of Indian patent law that defines the scope of patentability of a new form or new use of an already existing substance. This law is in line with the TRIPS flexibilities available for developing countries to use in their own national legislation.
To this day, no WTO Member State has contested these flexibilities. A WHO Commission, led by Ruth Dreifuss, believed this legislation was a good way to implement TRIPS flexibilities.“If Novartis’ challenge against the Indian patent law is successful, a key safeguard that can ensure the production of affordable medicines will be lost,” said Ellen ‘t Hoen, Policy Director at MSF’s Campaign for Access to Essential Medicines. “People the world over who rely on India as a source of their medicines may be affected if Novartis gets its way.”
For more information, please contact:Julien Reinhard, Déclaration de Berne, Tel : +41 (0)76 327 67 41Romain Benicchio, Oxfam International, Tel : +41 (0)79 79 79 990
Go here for: more pictures of the Novartis action and the open letter to Novartis on the Bern Declaration site.
Go here for the email action calling Novartis to withdraw its legal case is available on the Make Trade Fair website.
9 comments:
What kind of comments you want. To support and praise the Novarti's position? Was the first comment too radical for you even though spoke only of truth. I challenge you to publishe it if you still have it on record. One thing Novartis certainly would not like it. How about you?
All right, we'll try again for the people.
Novartis, which originates from a most noble country, Switzserland whose people are cultured, noble and just and what Novartis is doing, shocks them as much it shocks you. However, they via their government have lost control of this major big pharma, after the merger of two most famous and noble drug companies, Sandoz and Ciba/Geigy, that were known for their ethical conduct of pharmaceutical business for almost 100 years. Not same with the the new Co that took on a brand new name Novartis along with complete abandoment of the traditional way of doing business by its two DNA componenets. The new Co joined the rest of pharma multinationals in their persuit of maximum profits.
The current dispute with Indian authorities and poor and sick by extension is most likely tied in not only with Novartis' brand name business but its generic business as well. Sandoz, is the biggest manufacturer of generic drugs in the World ( read Novartis which owns Sandoz and this is the name of that noble Swiss company transfered to their generic manufecturer). The export from India of generics is not manufatured by Novartis and that is perhaps one of the problems in this dispute. Ideally Novartis would like to use the Glivec patent for 25 years, make enormous profits, and after continue to make it as generic Glivec for as long as it is useful.
As evry big pharma knows, the good people would not let the poor and sick be without the drug needed, for they will buy it for them regarless how high the price. This at least wherever they can. Some will end without during those 25 years of patent rights.
One wonders, what DR. Vassela and many doctors ( real MD's who work in pharma business instead healing the sick) in powerful position are thinking when such decisions are made by others or themselves? "First do no harm" said the great Hypocrit. What today's hypocrits say is complete opposite.
We know that big pharma is looking at all blogs relating to their activities. They have special security offices that could put some of the national security to shame.
We also know that the MO of all the big pharma is to never admit anything, never comment on anything that is not in their interest, in other words total silence. That is why Novartis has not responded yet to the challenge. It will on their terms and only if in their favour. The stable of lawyers they employ does not leave any stone unturned till they get it right.
Thge other side, hopefully has a good case plus the public on their side that may become the deal breaker. The best thing would be if they had some real "juicy" insider information on the way they do business behind closed doors. Why not, they would use it against the "good" guys too.
Do any more readers care enough to make a comment? Only two readers? Novartis must be really happy and will go on with thier plan. Can anyone stop these people??
Our group of 17 former Novartis associates, located in 5 countries have decided to pool our information and knowledge of inner workings of this drug company and make it public. The side that is fighting for the right cause, must be helped by everyone who can do it. We think we can make that difference needed to "help" this company give up on practices that are not in the interest of anyone, including their own.
NOVARTIS! why the silence? Can someone from your wonderful and expensive Basel HQ admit you are wrong and join the human race, with your MO and actions not only with products you make. The way you are doing business one is lead to believe that the good drugs you make are just a necessary "evil" you have to do to make those enormous profits that paid for building the whole triangel and beyond in Basel
ps. "triangle" in Basel is a former fortress of Sandoz, the good company. Now the Novartis brass is making all those decisions that lead to this and more like this to come if no one can stop it.
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Would anyone with good computer skills e-mail this post and comments to; daniel.vasella@novartis.com, mark.hennion@novartis.com. They would really appreciate it, especially if their service has not kept them up to date.
Thanks for the people.
I do not see the point of this left-wing pandering. Novartis does not produce any HIV/AIDS drugs. Gleevec is intended to treat a rare form of leukemia that only a few people suffer. The Indian government can perfectly afford to provide it to its citizens.
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