The Berne Declaration (BD), a Swiss public-interest organisation with 19,000 members has asked Novartis International to withdraw its appeal filed in Chennai HC against the rejection of patent application for Glivec. The leading NGO wanted the Swiss multinational to stop attempting to restrict using the flexibility permitted under the TRIPS agreement to meet public health needs.

"We are shocked that five years after the end of the trial brought by Novartis and other companies against the South African government, Novartis is trying again to restrict the flexibility given to a country to adapt the TRIPS Agreement to its public health needs. The undersigned organizations demand that Novartis withdraws the cases against the Indian Patents Act and the decision of the Indian Patent Office on Glivec/Gleevec", stated Julien Reinhard, Campaign Director, BD.

The letter submitted to Dr Daniel Vasella, Novartis International AG has been endorsed in her private capacity by Ruth Dreifuss, chairperson of WHO's commission on IPR, Innovation and Public Health. The organisations that have supported BD demand include Aids-Hilfe Bern, Association of European Cancer Leagues (ECL), Bethleem Mission Immensee, - CO-OPERAID, Groupe sida Genève, Médecins Sans Frontières, medicuba, MIVA Schweiz, Pharmaciens Sans Frontières - Suisse, SID'Action (Lausanne), SolidarMed Suisse, Swiss Aids Care International, Swiss Cancer League, Swiss Aids Federation, terre des hommes schweiz, etc.

Dr Claudia Kessler Bodiang, member of aidsfocus.ch, Thomas Schwarz, Co-Director de Medicus Mundi Suisse and Helena Zweifel, Coordinator of aidsfocus.ch are among the members who have endorsed the stand in their individual capacity.

According to BD, the letter comes as an expression of solidarity to the Indian patients with cancer, health organizations and public interest groups, who alerted them on the Novartis move. "We are writing to you to express our concerns regarding the legal proceedings that Novartis has started in May 2006 in order to challenge the rejection of its patent application for imatinib mesylate (Glivec / Gleevec) as well as the compliance of the Indian Patents Act with the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). We are joining the Indian organizations in their demand that Novartis withdraws these cases" They stated.

The activists said that they are extremely concerned with Novartis's challenge of Section 3(d) of the Indian Patents Act, which Novartis claims is not compliant with the TRIPS Agreement.

"Section 3(d), which prevents the grant of patents for new forms or new uses of known substances, is one of the recognized flexibilities of the TRIPS Agreement that countries are utterly free to adopt in their legislation. The importance of these flexibilities has been highlighted by the United Kingdom Commission on Intellectual Property Rights in its 2002 report 1 as well as by the World Health Organization Commission on Intellectual Property Rights, Innovation and Health in its 2006 report. Such a challenge is in contradiction with the spirit and the letter of the Doha Declaration on the TRIPS Agreement and Public Health" they said.

The BD feels that with this challenge, Novartis is seeking to limit the ability of the Indian Government to take measures to protect the public health of its population and to have a patent system adapted to the Indian socio-economic context.

"We are very concerned that the changes sought by Novartis in the Indian Patents Act could negatively affect access to essential generic medicines (in particular HIV/AIDS medicines) not only in India but also in all the developing countries that import Indian generic medicines.

Novartis sells Glivec/Gleevec, a life-saving medicine at prohibitive prices in India (Rs 1.44 million, or US$ 26'000, per patient per year) and in other developing countries. This price is well above the financial capacity of the majority of patients in developing countries. Novartis recognizes that only a small number of patients in India are paying for the medicine. Access to health care and medicines in developing countries depends on different factors and requires solutions at various levels. However, it is everyone's duty to remove barriers within its own abilities" the statement said.

BD has been active for over 30 years now. It stands for supporting more equitable North-South relations and monitors the role of Swiss corporations and addresses the problems of unequal international trade and financial relations, among other issues.