The crucial hearing in the post grant opposition against the patent granted to Roche for Pegasys (Peg intergferon alpha 2B), a key drug used for Hepatitis-C treatment, will be held on July 30-31 by the Intellectual Property Appellate Board (IPAB) in Chennai. The post grant opposition was filed by Sankalp Rehab Trust.

This is a crucial case for civil society as the treatment for Hepatitis-C is currently very expensive and out of reach of people due to the patent on this drug. In spite of recent advances in the treatment of hepatitis C virus infection many people in Asia struggle to access it, due to the limited availability of generic pegylated interferon – a key component of effective treatment regimens.

After the initial rejection of the patent challenge for one of the few generic formulations of this medicine in India – pegylated interferon alpha 2a – a re-hearing has been scheduled for July 30 and 31 at the IPAB in Chennai. The maintenance of the patent on the Pegasys formulation of this medicine, essential to the treatment of HIV-hepatitis-C co-infected patients, would block treatment access and increase the risk of liver failure and death for thousands across the region.

According to civil society groups working in the health sector, the re-hearing of the patent challenge is an opportunity to create access to a medicine that is critical for the survival of HIV-hepatitis C co-infected people. Given that the Indian Parliamentary Standing Committee on Health and Family Welfare has already recommended in its 57 th report that the country should boost local production of hepatitis medicines and use existing health safeguards in the patent law to reduce medicine prices, advocates and patients alike are ready to see the patent restrictions lifted now.

Resource-limited Asian countries cannot procure patented pegylated interferon at the current pricing, which drastically hampers their ability to respond to hepatitis C infection on a national level. “In the Region, many people living with HIV are dying not because of HIV but because of hepatitis C related complications. We are hoping and looking forward to a positive outcome at the patent hearing in India on Pegasys, which would ensure that affordable, generic pegylated interferon is available and people don’t die because they just cannot afford the treatment,” said Shiba Phurailatpam, regional coordinator of the Asia Pacific Network of people living with HIV/AIDS.

“We depend on Indian generics for much of our field programme medicine needs. If the IPAB rejects the patent, organizations like MSF can procure this key medicine from India and start treating people,” noted Paul Cawthorne from the MSF- Access Campaign.