Health GAP (Global Access Project)
www.healthgap.org

India Shutting the Flow of New Generic AIDS Drugs to Poor Countries
AIDS Activists Demand Indian PM Put Public Health First, Delay Disastrous Reform of National Patents Act
Monday Dec. 13, 1:00 PM: Indian Embassy 2107 Massachusetts Ave., NW
Activists Deliver Empty Pill Bottles to Indian Ambassador in Protest
(Washington D.C.) Monday, December 13, AIDS activists carrying signs and banners will deliver empty pill bottles to the Indian Ambassador to the U.S., Ambassador Ronen Sen, during a protest outside the Indian Embassy, at 2107 Massachusetts Ave., NW.
India is in the process of amending its national patent law (the Patents Act) to come into compliance with World Trade Organization (WTO) rules by January 1 2005. India is considering changes to its Patents Act that will block regular production of affordable generic versions of drugs to treat HIV, cancer, and other public health problems, according to the protesters. As a result, the cost of medicines will surge, potentially denying access to medicines for millions of poor people in India and around the world.
"Generic competition in India has brought the price of some AIDS drugs down by as much as 99%. But generic competition in India for newer medicines will become a thing of the past--unless India takes action now to put public health ahead of the narrow interests of the big pharmaceutical companies," said Sean Barry of Health GAP.
The protesters are demanding that India, the world's leading supplier of affordable generic AIDS drugs in Africa and around the developing world, amend its national patent laws only after implementing public health protections that will promote regular generic production of medicines even after the new patent rules come into affect.
Generic production of medicines is possible in India because there is not currently protection of patents on medicinal products. According to the WTO, after January 1, 2005, India is required to protect product patents on medicines by granting 20 year monopolies. Activists in India and around the world are urging Indian Prime Minister Dr. Manmohan Singh to use flexibilities in WTO rules to promote access to affordable generic medicines in India and in importing countries. Draft amendment language show that not only are these flexibilities are being disregarded by India--the government is also considering tougher patent protection rules than required by the WTO.
"The consequences of India's mistakes will be grave," said Kaytee Riek of Student Global AIDS Campaign. "Instead of rushing into TRIPS plus patent rules that ignore the public health needs of people with AIDS, India must delay amending its laws until clear public health safeguards are put in place, such as a simpler, more user-friendly system for compulsory licensing--for the domestic market and for export."
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