[FSUG-Bangalore] [OT]PROTEST AGAINST PATENT OF GLEEVEC - URGENT ACTION PLAN MEETING ON 01-09-06 AT 5PM

Vikram Vincent vincentvikram@[EMAIL-PROTECTED]
Sat Sep 2 08:44:04 IST 2006


---------- Forwarded message ----------
From: <aidslaw2 at lawyerscollective.org>
To: <bgvskarnataka at gmail.com>
Date: Fri, 1 Sep 2006 10:36:22 +0530
Subject: Re: PROTEST AGAINST PATENT OF GLEEVEC - URGENT ACTION PLAN MEETING
ON 01-09-06 AT 5PM



Dear All

Following to our conversation about Gleevec patent issue , I have
enclosed the  invite for todays planning meeting.

Looking for your participation,


Rajakumar
Advocacy Officer
Lawyers Collective HIV/AIDS Unit
#4A, MAH Road, Tasker Town,
Shivajinagar,
Bangalore - 51

Telephone: (080) 4123 9130/31/41125273
Fax: (080) 4123 9289

Bangalore Project Office: aidslaw2 at lawyerscollective.org

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**Dear friends,**

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* SUBJECT:    NOVARTIS CHALLENGES **INDIA**'S PATENT LAW!!!*

* *

*                        SUPPORT INDIAN PATIENTS IN PROTESTING AGAINST
NOVARTIS LITIGATION!*





Earlier this year we informed you of the first victory of patients groups in
India when the Chennai Patent Controller rejected Novartis' patent
application for 'Gleevec' a crucial anti cancer drug. Novartis has now filed
three cases in India challenging this order and  against the Government of
India and the Cancer Patients Aid Association – a Mumbai based cancer
patients group working in India for over 35 years.



Gleevec is the test case of the Indian patent system that so many persons
living with HIV/AIDS and other patients are relying on for the continuation
of generics manufacture. It is the first test of the flexibilities of the
TRIPS and Doha. Novartis' litigation is a direct challenge to our lives and
health and we call on all activists and health groups to support Indian
patients in this fight.



WHAT IS GLEEVEC?

Imatinib Myselate or Gleevec is a crucial cancer drug essential in
prolonging the life of patients suffering from Chronic Myeloid Leukaemia
(Blood Cancer). It is produced and marketed internationally by Novartis and
various Indian pharmaceutical companies like Cipla, Ranbaxy, Natco, and
Hetero also manufacture.



WHAT HAPPENED WITH GLEEVEC IN INDIA?

Indian generics companies started manufacturing and supplying affordable
versions of Gleevec (much like they did AIDS medicines). In 2003 Novartis
got 'Exclusive Marketing Rights' (EMR) under a provision of India's patent
law for five years. The EMR acted like a monopoly right and Novartis
succeeded in stopping generic manufacture of Gleevec.



*To put the effect of all this in perspective*; generic versions of Gleevec
were available in the Indian market at about *Rs. 8,000 ($175) *per patient
per month. After Novartis prevented generic manufacture it marketed Gleevec
at nearly ten times that price i.e. *Rs. 1,20,000 ($ 2000) *per patient per
month. Gleevec was clear and damning proof of what happens when a drug
company gets a patent.



WHY WAS NOVARTIS' PATENT APPLICATION FOR GLEEVEC REJECTED?

After India's patent law changed in 2005 to become TRIPS compliant (see
attached note on Indian Patent law) Novartis patent application came up for
examination. The Cancer Patients Aid Association, which had to stop
treatment for cancer patients after generic versions on Gleevec became
unavailable, challenged this. Novartis patent application was rejected by
the Chennai Patent office for being merely a 'new form of an old drug',
which under Section 3(d) of the Indian Patent Act is not patentable. This
brought immense relief to cancer patients in India and indeed around the
world whose lives could not wait for a 20-year drug monopoly to get over.



WHAT IS NOVARTIS DOING NOW?

Now Novartis has challenged the rejection of its patent application. It has
also challenged Section 3(d) of the Indian Patent Act in a separate case
questioning the constitutional vailidity of  3(d) in accordance  of the
TRIPS Agreement.
  URGENT ACTION

The Cancer Patients Aid Association and the Lawyers Collective are
organizing actions in India to coincide with the hearing on 13th
August 2006in the Chennai High Court of Novartis challenge.

* *

We request you to participate in a planning meeting on the 1st of September
at 5 pm. to plan for a protest.   The venue: Lawyers Collective HIV/AIDS
Unit, First Floor No 4 A MAH Road, Off park Road Tasker Town, Shivajinagar,
Bangalore –560051



If you have any further clarification kindly contact Mr. Raja Kumar at
41239130/31* *

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*Thank You*

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*Yours Sincerely*

* Raja Kumar*

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Lawyers Collective HIV/AIDS Unit
#4A, MAH Road, Tasker Town,
Shivajinagar,
Bangalore - 51

Telephone: (080) 4123 9130/31/41125273
Fax: (080) 4123 9289

Bangalore Project Office: aidslaw2 at lawyerscollective.org



-- 
Regards
Vikram Vincent
+919448810822
http://groups.google.com/group/bangalore_alive/
http://www.orkut.com/Community.aspx?cmm=19591248
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