International AIDS activists, working for access to affordable AIDS treatment, has called on the Indian Government to repeal the law that introduced product patent protection on medicines through an Ordinance, promulgated December 26, 2004.
In a press release issued here, the activists wanted India should be proud to be producing and exporting cheap, generic AIDS drugs for people in need. "The changes to the patent law will increase the price of new drugs, as well as some AIDS medicines that are already produced and exported in generic form," Rolake Nwagwu of Positive Action for Treatment (PATA), Nigeria stated adding, "Rising treatment costs will spell disaster for people with HIV in India and around the world."
The activists said that 8,500 people with HIV die daily worldwide due to lack of access to treatment. More than 5 million people in India are HIV positive, making India's epidemic one of the worst in the world. Of the 40 million people living with HIV, 6 million people are in immediate need of treatment; at least 5 lakh of those are in India. Only 4.40 lakh people with HIV in developing countries currently have access to anti-retroviral treatment.
This access has been greatly facilitated by Indian generic competition decreasing the costs of medicines as much as 98 per cent. Indian manufacturers currently export generics to 200 poor countries.
For people with HIV whose current treatment regimen is failing, access to newer, more expensive "second-line" AIDS drugs will be critical. These combinations cost as much as 20 times more than initial combinations. Generic production of many of these medicines will be blocked by India¹s new patent law. "The new changes to the patents law are a gift to multinational pharmaceutical industry, but for people with HIV and other treatable diseases of poverty, they are a nightmare," said Othman Mellouk of Association de Lutte Contre le SIDA (The Association for the Fight Against AIDS), Morocco.
"Public interest groups working on health are gravely concerned that India, through the Third Patents Amendment Bill and now the Ordinance, will trade away its rights to protect the public health of people who need access to low-cost, quality generic medicines," said Anand Grover, director of the Lawyers Collective HIV/AIDS Unit.
The activists were part of a group of representatives from 20 countries who met January 9-10 with Cipla, Ranbaxy, Hetero and Strides to address the impact of the new Patents Law, as well as pricing policy in domestic and export markets and the development of new generic AIDS medicines. "India promised to implement its WTO obligations in a manner that protects public health and promotes access to medicines for all," said Asia Russell of Health GAP. "Unfortunately it appears prepared to break that promise," Russell bemoans.
AMTC is a national campaign aimed at creating an environment that will ensure sustained accessibility and affordability of medicines and treatment for every individual in India, including access to affordable Anti-retroviral Therapy for persons living with HIV/AIDS. It consists of civil society organisations, NGOs, patients groups, healthcare providers and concerned individuals.