A large number of people including people living with HIV, patient groups and public health activists will take to the streets and rally from Barakhamba Road to Jantar Mantar in Delhi on April 10 to voice concerns and protest against harmful provisions being pushed by the European Union in the EU–India Free Trade Agreement (FTA) negotiations which would impede access to affordable medicines in India and across the developing world.

The rally is being organised on April 10 to coincide with Prime Minister Dr Manmohan Singh's German visit on the same day where the FTA is at the top of the agenda.

Expressing grave concern over the EU-India FTA, the NGOs said that the agreement, if signed, with the harmful intellectual property enforcement provisions proposed by the EU could block the export of generic medicines – a lifeline for millions across the developing world. The provisions could also draw in third parties, including suppliers of active pharmaceutical ingredients used to produce generic medicines and treatment providers, potentially subjecting them to litigation.

There is also great apprehension that the EU continues to try and push data exclusivity through the back door –a provision which could delay the entry of a new drug formulation even if the drug is not patented. Investment measures could see the Indian government secretly sued by multinational companies for billions of dollars if national laws, court decisions or other actions interfere with their investments – for example, if the patent office rejects or overrides a patent on a medicine.

Less than 10 days ago, the Indian Supreme Court refused a patent to the Swiss multinational pharmaceutical company Novartis based on a strict and narrow interpretation of the public health safeguard – Section 3(d). The provision was introduced by the Indian Parliament out of concern on the impact on access to medicines of complying with the WTO’s TRIPS Agreement. Now the EU wants India to go beyond TRIPS and further extend monopolies over medicines and delay the entry of affordable generic medicines, the NGOs regretted.