Dear friends,

Drug Action Forum - Karnataka, India - an independent, not for profit,
NGO campaigning for rational drugs has launched "Novartis Boycott"
campaign. Please sign the online Petition Against Novartis at

http://novartisboycott.org/petition

Each one of your signature counts. So please sign and express
solidarity on this extremely important issue.

Drug Action Forum - Karnataka had to take this stand as Novartis has
filed fresh case in the Chennai High Court, India (for details "The
Hindu", Date:10/08/2007 URL:
http://www.thehindu.com/2007/08/10/stories/2007081056481400.htm ).

Though Novartis lost the case on Section 3(d), Drug Action Forum -
Karnataka feels that if public opinion and pressure is not brought on
the company, then this single case that is currently in the court may
have long term implications on Access to Medicines to people all over
the world.

The background goes on like this. During the year 1998, Novartis had
filed an application, at the Chennai patent office seeking the grant
of patents on its drug Glivec. Novartis falsely claimed that the drug
Glivec was an innovation. And rightly the patent application of the
Novartis was rejected, under section 3d of the Indian patent act, by
the Indian patent office at Chennai in January 2006. Novartis did not
accept the decision of the Chennai patent office, instead challenged
this decision of the Patent office in the Chennai high court. In
addition Novartis also challenged Section (3d) of the Indian patent
act. If they had won the case then the drug manufactured by Novartis
would have cost Rupees 1.2 lakh, while Indian drug companies
manufacture, the very same drug, for Rupees 8,000. The filing of these
cases in the Chennai high court by Novartis created a huge flutter and
a media outcry all over the world. As both these cases were rejected
by the Chennai high court, it was rejoiced all over the world.
Novartis also made a statement that they are not going to Supreme
Court in India or approaching the WTO for dispute settlement. Thus it
was accepted by people all over the world, that it was a success.

But Novartis filed a case, not in the Supreme Court, but in the very
same Chennai high court, stating that the India Patent Appellate Body
(IPAB) had erred in dismissing its plea to exclude its Technical
Member S. Chandrasekaran from hearing its legal appeals. The case has
been duly admitted in the court and is likely to come for hearing on
10th September, mean while till then all the proceedings of the
Appellate Body came to a grinding halt. The company claims that by
bringing in a member of the Body, who had earlier filed a case against
Novartis he is already prejudiced - as he had earlier filed a petition
on behalf of the government against the company.  So the company wants
some body else in place of this person, so that the prejudice is
eliminated.

It is this case at Chennai High court that has got stuck up that would
determine the lives of hundreds of millions of people all over the
world. Helpless and poor people all over the world are watching with
intent eyes towards these developments, as their very life hangs on
these court decisions that may even have long term policy
implications. As this very case may decide and change the way the
Section 3 (d) of the Indian act is interpreted. This is an act that
shelves frivolous patents.

Because there are around 9,000 applications that are pending in the
Patent office, seeking grants of patents. And no wonder many of these
applications would be like the one that is not a real and genuine
innovation. But just few minute changes made in the drug - which is
known as "ever greening" of patents, thus wanting to be just rejected.

Even the scientist Brian Druker, who was involved in discovering this
drug, has come out openly against the company as he feels that the
price at which Glivec has been offered for sale by Novartis is cause
for considerable discomfort.


From:-
Dr Gopal Dabade,
President,
Drug Action Forum - Karnataka,
57, Tejaswinagar,
Dharwad 580 002, INDIA
Mobile +91 (0)9448862270
[EMAIL PROTECTED]
www.daf-k.cjb.net



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