Ahead of Obama visit, MSF warns US pressure on India could impact access to medicines for millions
New intellectual property ‘think tank’ draft policy already showing alarming trend
New Delhi, 21 January, 2014—Ahead of US President Obama’s visit to India, the international medical humanitarian organisation Médecins Sans Frontières/ Doctors Without Borders (MSF) expressed deep concern over the US government’s heightened efforts to undermine access to affordable medicines from India—often called the ‘pharmacy of the developing world.’ Millions of people across the globe rely on Indian low-cost generics, just as MSF relies on these to carry out its medical work.
The US has been scaling up pressure on India and increasing
visits to the country over the last several months in order to
aggressively campaign against India’s patent law. The
country’s law sets a high bar for what merits a patent in
an effort to prevent abusive pharmaceutical patenting practices,
such as ‘evergreening,’ which put profit over public
health by blocking production of more affordable generics. The
US is pushing for India to adopt intellectual property (IP)
measures similar to those common in the US and EU, which would
ultimately result in unaffordable medicine prices for both India
and the countries that rely on affordable medicines made in
India.
“The alarm bells should be going off for the new Indian
government,” said Dr. Manica Balasegaram, Executive
Director of MSF’s Access Campaign. “The US is
pushing India to play by its rules on intellectual property,
which we know will lead to medicines being priced out of reach
for millions of people.”
US pressure already appears to be having an impact: the new
Indian government has been delaying a decision to allow generic
production of an exorbitantly-priced patented anti-cancer
medicine that is unaffordable in the country—an action
recommended by a Health Ministry expert committee to increase
access to affordable versions. A ‘compulsory
licence’ issued by the Patent Controller in 2012 for an
unaffordable cancer drug brought its price down by 97% almost
instantly.
Also in response to US pressure, the Indian Commerce Minister in
November set up a high-level ‘think tank’ to draft
national IP policy. First draft of the policy recently released
is alarming. The draft emphasises patent monopolies as the key
driver of innovation, when such claims have been refuted by
numerous studies, and experts at the World Health Organization,
which have found IP in fact to be a barrier to both access to
affordable medicines, and innovation for medicines desperately
needed by developing countries for diseases such as TB.
“We need the Indian government to pay very careful
attention to what the US is up to right now,” said Rohit
Malpani, Director of Policy and Analysis of MSF’s Access
Campaign. “India has been a leader in promoting access to
affordable medicines and new innovation models, but this could
all unravel very fast if the Indian government caves into US
pressure. The think tank so far seems to be singing to Big
Pharma’s tune of undermining global efforts to finally
overhaul today’s system of how medicines are developed and
priced.”
At the same time, the Obama visit comes in the wake of a
critical decision by India’s Patent Controller to deny a
patent to pharmaceutical company Gilead for the hepatitis C drug
sofosbuvir—an example of how important India’s law
is to encouraging price-lowering generic competition. The drug
is priced in the US at US$84,000 for a three-month treatment
course ($1,000 per pill), although studies estimate its
production for a three-month course could be as low as $101
(about $1 per pill). The UK’s National Health Service is
delaying introduction of the drug because of its cost, and
protests have erupted in Spain over the drug’s rationing
as a result of its price.
Unsurprisingly, discontent is already being expressed and the
patent rejection is likely to be brought up by US officials
accompanying President Obama.
“India’s decision to reject the patent for the hepatitis C drug sofosbuvir could unleash fierce competition among Indian companies to launch affordable versions of the life saving drug this year. Let the exorbitant prices being charged for this hepatitis C drug in many countries serve as a cautionary tale to India—this is what could happen here if the US succeeds and gets India to change its policies. India now faces a challenge: future access to essential medicines for millions of people will depend on the new Indian government’s decisions and the kind of patent and innovation system it endorses,” said Leena Menghaney, South Asia Manager of MSF’s Access Campaign.
Source:
Médecins Sans Frontières
