SWISS GROUP ASKS NOVARTIS TO WITHDRAW LEGAL ACTIONS IN INDIA

A Swiss nongovernmental organization, the Berne Declaration, has sent an open letter to Daniel Vasella, chairman and CEO of Swiss drugmaker Novartis, demanding that the company withdraw its legal actions against the Indian Patent Act and the rejection of its patent application for the cancer drug Gleevec (imatinib mesylate). This letter is endorsed by the Swiss Cancer League, the Swiss Aids Federation, Médecins Sans Frontières and other groups.

Following the rejection of its Indian patent application for Gleevec by the Chennai Patent Office, Novartis filed two cases challenging the rejection of its patent application and also a section of the Indian Patent Act on which the decision is based, which it believes is not in conformity with the World Trade Organization's agreement on Trade Related Aspects of Intellectual Porperty Rights (TRIPS), according to the Berne Declaration. However, the organization says the provision is recognized as one of the flexibilities given to countries so they can adapt the TRIPS agreement to their public health needs.

"We are very concerned that the changes sought by Novartis in the Indian Patents Act could negatively affect access to essential generic medicines (in particular HIV/AIDS medicines) not only in India but also in all the developing countries that import Indian generic medicines," the letter says.