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US daily warns India on drug patent laws
Wednesday, 19 January 2005, 20:30 IST
NEW YORK: India's reputation as a supplier of affordable genetic knockoffs of AIDS drugs to 200 nations is in jeopardy as it brings its patents law in line with the World Trade Organisation (WTO) mandated patent laws.
However, a New York Times editorial - "India's choice on Jan 18", says the Indian parliament needs to be careful while considering new patent laws.
"When India signed the WTO agreement on intellectual property in 1994, it was required to institute patents on products by Jan 1, 2005. These rules have little to do with free trade and more to do with the lobbying power of the US and European pharmaceutical industries," the Times said.
"For an AIDS patient in a poor country lucky enough to get antiretroviral treatment, chances are that the pills that stave off death come from India. Generic knockoffs of AIDS drugs made by Indian manufacturers - now treating patients in 200 countries - have brought the price of antiretroviral therapy down to $140 a year from $12,000," the newspaper said.
"India's government has issued rules that will effectively end the copycat industry for newer drugs. For the world's poor, this will be a double hit - cutting off the supply of affordable medicines and removing the generic competition that drives down the cost of brand-name drugs," it said.
The newspaper said India still has a chance to "fix the flaws in these rules, because they are contained in a decree that must be approved by the parliament".
"Heavily influenced by multinational and Indian drug makers eager to sell patented medicines to India's huge middle class, the decree is so tilted toward the pharmaceutical industry that it does not even take advantage of rights (that) countries enjoy under the WTO to protect public health," the editorial said.
In November 2001, WTO members agreed that countries could issue compulsory licenses to permit generic production of patented drugs without the patent holder's agreement in order to protect public health at home or abroad.
However, under the Indian decree, "getting a compulsory license would be slow and difficult; each application would face a fight from multinational drug firms and the governments that do their bidding. India should adopt laws that expedite compulsory licenses, including allowing challenges to proceed after production begins instead of holding it up," according to the New York Times.
Source: IANS
Source: IANS