An open letter to Novartis The Médecins Sans Frontières (MSF) Access campaign pushes for the development of affordable lifesaving and life prolonging medicines, diagnostic tests and vaccines for patients in developing countries. For six years the Swiss drug company Novartis has refused to back down on its legal case to stop the production of affordable generic medicines in India. The case is due to begin in India's Supreme Court this week. An open letter has been written and signed by several dignitaries, including former Swiss president Ruth Dreifuss, as well as by Manica Balasegaram, physician and the Executive Director of the MSF Access Campaign. It is addressed to Joe Jiminez and Daniel Vasella, the CEO and President of Novartis, respectively.
Dear Messrs Jimenez and Vasella, This week in New Delhi, India, lawyers representing Novartis will be asking the judges of the Indian Supreme Court to weaken a key public health safeguard in the country’s patent law threatening the access to affordable lifesaving medicines for millions of people across the world. Despite repeated refusals by the Indian authorities since 2006, Novartis is persisting in its legal battle for exclusive patent rights in India over its cancer treatment drug Glivec (imatinib mesylate). However, what is at stake goes far beyond the granting of a patent for this anticancer drug. We believe that you are making a mistake by challenging the interpretation of the law, a mistake that will restrict affordable treatment for patients across the developing world. The Indian patent law – which adheres to India’s obligations as a member of the World Trade Organization – was designed in order to grant patents on new pharmaceutical compounds but at the same time avoid secondary patents that lead to undeserved monopolies and high prices. We urge you to respect the spirit of that law. India’s patent law has prevented market monopolies of Novartis’s cancer drug Glivec and many other essential drugs, including those used to treat HIV. This has allowed generic competition to drive prices down and increase access for those that cannot afford the prices of patented medicines. In India, Glivec costs over $2100 a month; the generic costs $170. India’s patent law has also allowed for the granting of patents to medicines when the applications met India’s patentability criteria. This was the case, for example, in December 2009, when Novartis was granted a patent in India for Tasigna (nilotinib), the designated successor of Glivec based on a different molecule. If you are successful, you will set a legal precedent and weaken the Indian patent law of much of its meaning. Because your actions will affect the supply of medicines – both in India and beyond, as Indian generics supply 80 per cent of the HIV/AIDS medicines used in the developing world, to take just one example - we urge you to reconsider. We, the undersigned, expect Novartis to focus on innovation and not take actions that reduce access to essential medicines. It is not too late to drop the case in India. VIDEO: Evergreening drugs - an attack on access to medicines
For more information, visit www.msfaccess.org Editor's note: On Aug. 22, 2012, MSF learned that the Indian Supreme Court case of Novartis vs. the Government of India was re-scheduled for Sept. 11. Please check msf.ca and msfaccess.org for updates.