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LATEST NEWS UPDATES | Foreign bias finger at PMO on cheap drugs

Foreign bias finger at PMO on cheap drugs

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published Published on Sep 8, 2010   modified Modified on Sep 8, 2010


Multinational drug companies appear to have used the Prime Minister’s Office to try and influence government policies that may severely undermine availability of affordable medicines, a group of non-government organisations has said.

In a joint letter to Prime Minister Manmohan Singh, 50 NGOs said the PMO had asked the ministry of health and the departments of legal affairs and industrial policy to examine intellectual property rights issues raised by foreign pharmaceutical companies.

They said the PMO had in July circulated to these departments two notes on data protection and amendment to patent laws submitted by the Organisation of Pharmaceutical Producers of India (OPPI), an association of foreign companies.

One of the notes seeks data exclusivity, a provision under drug laws that could effectively block generic versions of medicines from entering the market by creating a monopoly over clinical trials data, the NGOs have said.

This demand for data exclusivity is contrary to the Indian Constitution and Indian laws, they said. “We regret that the PMO circulated this biased note without prior investigation into the legitimacy of the claims or the fact that several demands made by the OPPI, US and European pharmaceutical companies are either sub judice or have been rejected by Indian courts,” the NGOs wrote.

The NGOs — the All India Drug Action Network, the People’s Health Movement, the Naz Foundation, among others — have expressed concern at what they describe is increasing government susceptibility to “non-transparent lobbying” by multinational drug companies.

Documents released by the NGOs suggest that the heads of five multinational pharmaceutical companies, including Ranjit Shahani, managing director, Novartis, and president of the OPPI, met PMO officials on May 24 this year.

In the discussions, according to the documents, it was agreed the OPPI would prepare a paper on enforcement of intellectual property rights, data protection and capacity building of the judiciary, highlighting the steps required and submit it to the PMO.

In July, the PMO sent two notes submitted by the OPPI to the ministry of health and the departments of industrial policy and legal affairs to examine these issues and give their comments to the pharmaceuticals department.

A final paper to be co-ordinated by the pharmaceuticals department is expected to be put up to the PMO. The PMO officials who attended the meeting were not available for comment.

The NGOs have said the OPPI demands could weaken provisions in India’s patent laws that prohibit patents on minor tweaking of existing drug molecules, prevent the emergence of generic medicines, and undermine access to affordable medicines.

“We are also extremely concerned that there are indications that the OPPI is also attempting to influence the training of judges,” the NGOs have said. Indian courts have in the past upheld sections of Indian patent law challenged by foreign drug companies.

“This is an issue that concerns patients in India and other developing countries,” said Leena Menghaney, a lawyer who works with the Medicins Sans Frontiers.


The Telegraph, 8 September, 2010, http://www.telegraphindia.com/1100908/jsp/nation/story_12910623.jsp


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