NGOs denounce Indian government indifference to defend their case against Novartis

New Delhi, 15 Jan 2007. - The trial pitting the Swiss drugmaker Novartis with the Indian government to prevent patenting a drug for leukemia was resumed today in Chennai (South) amid criticism from NGOs, who reported EFE disinterest of the Indian government to defend the case.
The sessions were resumed today in the High Court of Chennai in the southern Indian state of Tamil Nadu, and was preceded yesterday of new occurrences of several NGOs, including Doctors Without Borders, to require Novartis to withdraw its lawsuit against the Indian government .
In the room, "while Novartis was challenging the Indian Constitution, there was no government expert to refute their arguments, other than a local attorney who is conducting a serious defense," said Gopa Kumar EFE, the NGO Center for Trade and Development India (CDTI, an acronym in English).
For its part, the pharmaceutical company issued a statement that hailed the beginning of the new view as an opportunity to "gain clarity on the status of intellectual property and patents assurance" in India.
"The new view has started today, but the court only heard the arguments of the parties. Although it is impossible to predict what will happen, tomorrow will be important for the development of the case, "he told Reuters from Mumbai a company spokesman.
Novartis has claimed a section of Indian law prohibits the patenting of drugs that are not strictly innovations, a clause that the Government of New Delhi introduced years ago as a result of pressure from activist groups.
The drug for which the Swiss company decided to go to court is the "Glivec", a drug used to treat a type of leukemia and in India is manufactured as a generic.
According to the company, patents are crucial to create incentives for research and development of new and better medicines.
However, Novartis's request has raised strong opposition from organizations such as Doctors Without Borders (MSF), who have warned that if the court rules in favor of Swiss pharmaceutical giant, will be easier for other companies to obtain patents for drugs now made ​​generically and those who are treated many people in the Third World.
From Chennai, the spokesman was pessimistic CDTI for the development of the eye and said that it was "strange" absence of government representatives qualified to defend the law.
"If the government is still not properly defend this case will be patients who will lose," lamented the spokesman.
Kumar's view is similar to the executive director of Oxfam International, Jeremy Hobbs, who said yesterday in a statement that, if a victory for the company, many drugs will be patented "at prices unaffordable for poor people."
The NDTV television network picked up today for a man with leukemia in the northern region of Bihar, which pays 8,000 rupees (about 135 euros) per month for their treatment based on generic, a figure that contrasts with the 120,000 rupees (about 2,100 euros) per month would cost the drug from Novartis.
India, where a quarter of the population lives below the poverty line, is one of the few developing countries able to produce quality essential medicines, and these drugs are among the cheapest in the world.
A ruling in favor of Novartis would affect the price increase of about 9,000 drugs, according to NDTV.
In a statement, the company had tried to defend against the charges, ensuring that the "Glivec" is offered free to 99 percent of Indian patients who need it, while generic versions reach in India "a price about 4.5 times higher than the average annual salary. "