---------- Forwarded message ---------- From: [EMAIL PROTECTED] <[EMAIL PROTECTED]> Date: Feb 17, 2007 4:06 PM
Please fax, email or call Law Sec or MInister of law and demand that Solicetor general of india should appear in Novartis case Dear all, On 15th & 16th February, the Madras High Court heard the Novartis challenge of the Indian Patent law. The case has started with lawyers from Novartis, Cancer Patient Aid Association, lawyers representing Indian generic companies and a local government lawyer literally crowding the courtroom. Novartis will now have an opportunity to argue before the Madras high court in Chennai that section 3(d) of the Indian Patent Act is not in compliance with TRIPS and that it violates Article 14 of the Indian Constitution. Section 3 (d) is the provision that protects against extension of patent monopolies on essential medicines. It is now clear that Novartis is not withdrawing the case at this stage. the pressure to drop the case therefore must continue. On the issue of constitutionality of the Indian patent law, the government s constitutional expert, the Solicitor General of India was not present in court at the time of arguments. The government has not appointed the Solicitor General to argue the case, raising serious concerns about the government s intention to defend the Indian patent law provision that protects against extension of patent monopolies on essential medicines. In the absence of the government s legal expert on constitutional matters, Indian parliament s patent law and patient groups access to affordable medicines is at stake. Arguments from lawyers representing Novartis, patients, govt and the generic companies are expected to take up several days or even weeks. the next date of hearing is the 22nd of february. How is the government defending section 3(d) and representing patients? it is a matter of great concern that the government is not taking the defence of the novartis challenge of the Indian patent law section 3(d) seriously. the ministry of commerce who is representing govt, is not even kept informed by the local govt counsel correctly about the date of the hearing and till a few days ago thought that 25th feb was the next date of hearing instead of 15th feb. Novartis is seeking a declaration from the court that section 3(d) is not TRIPS compliant and also that certain terms in the section are vague and can lead to arbitrary decisions from the patent office and therefore violates article 14 of the constitution. One aspect of article 14 i.e. (rt to equality) is that laws should give guidance to the implementing authorities, the Patent Controller in this case. it also is appealing against the Glivec patent rejection. now the govt needs to take this argument of Novartis seriously and appoint a constitutional expert to represent and defend the patent law in court. the Additional Solicitor General (a local lawyer, Gopalan) was not even willing to file a reply to the amended petition filed by novartis that seeks to raise the issue of section 3(d) unconstitutionality under article 14. this local lawyer further went on to share the confidential directions of the ministry of commerce with everybody in court. he is simply not equipped to defend the constitutionality of sec 3 (d) nor argue the jurisdiction of a domestic court to decide on India s TRIPS compliance. public interest groups in India feel that the solicitor general, Gulam E. Vahanvati is the correct person to represent and defend the case in chennai high court. besides the above to also counter the impact of legal heavyweights appearing on behalf of novartis. Mr. shanti bhushan (ex law minister of india) and Soli Sarabjee (ex solicitor general) are appearing for Novartis. The lawyers collective who is representing cancer patients in court is putting up a good defence, however govt defence of the law is also important. Indian organisations plan to campaign in the coming few days for a competent constitutional expert of the government to be present to defend the case. please take this seriously and all efforts to mobilize political and public pressure for the solicitor general s appointment must be speedened by organisations around the world. the decision to appoint the solicitor general is pending with the Secretary of the Law Ministry. besides demonstrating in front of the indian embassy please write the following letter (with additions etc as you feel fit) to the govt reps listed below: The public health safeguards of India's patent law have a very real and human impact in our lives and those of millions of other patients - not just people living with HIV, but those living with cancer, asthma, heart disease, mental illness. Today, we write to you to express our grave concern over the swiss pharmaceutical company Novartis' legal action in the Chennai High Court to challenge critical public health safeguards of Indian patent law. Novartis will now have the oppurtunity to argue before the Madras high court in Chennai that section 3(d) of the Indian Patent Act is not in compliance with TRIPS and that it violates Article 14 of the Indian Constitution. Section 3 (d) is the provision that protects against extension of patent monopolies on essential medicines. the case was heard on the 15 & 16 of February 07 and the next date of hearing is 22 February 07. On the issue of constitutionality of the Indian patent law, the government s constitutional expert, the Solicitor General of India was not present in court on 15th & 16 February at the time of arguments. In the absence of the government s legal expert on constitutional matters, Indian parliament s patent law and patient groups access to affordable medicines is at stake. We trust that the Solicitor General has now been authorised to take up this matter and will be in the Chennai high court defending the sovereign right of the Indian parliament to safeguard the health of its people and patients across the world. We look forward to your continued support for access to affordable medicines and treatment and your commitment to the constitutional guarantee of health and life. please address the letter to: Mr. T K Viswanathan Secretary Ministry of Law & Justice 4th Floor, A-Wing, Shastri Bhavan New Delhi - 110 001 Tel - 23384777, 23382902 FAX - 23387259 E mail: [EMAIL PROTECTED] Mr. Hansraj Bharadwaj Ministry of Law & Justice , 4th Floor, A-Wing, Shastri Bhavan New Delhi - 110 001. Phone : 23387557, 23384777, 23384617 Fax : 011-23384241, 011-23387259, 011-23382733 Cc. Sri Kamal Nath Hon'ble Minster of Commerce & Industry Room No. 45, Udyog Bhavan New Delhi Tel: 91-11-23061008, Fax: 91-11-23062947 Dr. A K Dua Secretary to the Government of India Department of Industrial Policy and Promotion Room No. 259, Udyog Bhavan New Delhi 110011 Tel: 91-11-23061815, 23061667 Fax: 23062626 E mail: [EMAIL PROTECTED] Dr. Manmohan Singh Hon'ble Prime Minister of India The Prime Minister's Office South Block, Raisina Hill, New Delhi, India-110011. Telephone: 91-11-23018939 Fax: 91-11-23019334 --~--~---------~--~----~------------~-------~--~----~ greenyouth mailinglist is the activist support mailinglist for kerala run by Global Alternate Information Applications (GAIA) To post to this group, send email to [email protected] -~----------~----~----~----~------~----~------~--~---
