Date
To,
Novartis India Ltd,Sandoz House, 8th floor,Shivsagar Estate,Dr Annie Besant Road,Worli, Mumbai 400 018, India.Fax 022 24950221
Sir,
Over the past year, media and other reports have highlighted Novartis’ actions in India and abroad in impeding the access of patients to essential medicines. The highlight of Novartis’ actions in India has been your company’s challenge to the decision of Chennai patent office that rejected your claim for imatinib mesylate by filing a case in Chennai High Court. In doing so you have taken the Indian government and cancer patients to court over absolutely essential public health protections in India’s patent law. It is unfortunate that you have taken such a decision and it is your decision to not drop the case in spite of pressure from Indian and global quarters and to actively promote policies that prevent people from accessing medicines that has sparked the doctors’ community to take the ultimate decision of “BOYCOTTING OF ALL PRODUCTS OF NOVARTIS”.
Your company’s claim for patent on the beta crystalline form of imanitib mesylate is objectionable under India’s patent law. Even after your patent application was rejected, you continue to pursue your attempt to get a monopoly on this drug. In doing so, Novartis has done the unthinkable and challenged the constitutional validity of an important public health safeguard in Indian law which ensures access to essential medicines. Hundreds and millions of people all over the world depend on drugs produced by Indian generic companies and Novartis’ case may have an impact on this.
Your company’s version of imatinib mesylate is sold in the market for Rupees 1.2 lakhs per patient per month; where as the same drug is sold by Indian generic companies for Rupees 8,000. Such enormous expenses for the drug will make the drug beyond the reach many of Indians. Novartis has never been able to explain why it has chosen to market this drug at such an exorbitant global price; why it does not take into account the different circumstances in different countries and offer different prices.
Further your company’s claims that those patients, who cannot afford to purchase your version of imatinib mesylate, receive the drug free of charge, through your own company’s outlet by name ‘Glivec International Patient Assistance Programme’ (GIPAP). But it is well known that only 6,700 patients get the drug from you free, whereas in India 20,000 patients suffer from chronic myeloid leukemia every year. Moreover, it is the right of every patient to get life saving medicines; we strongly object to any system that puts our patients at the mercy of the charity of a company.
Given the realities mentioned above it is strongly urged that your company should drop all legal proceedings in India in the imatinib mesylate case including the upcoming appeal to the patent controller’s order. And we the Doctors Community will continue the boycott of all your products till you stop your legal actions; till you drop your global price for imatinib mesylate; till you stop trying to influence the Indian Government to introduce laws and policies that hinder access to medicines; in particular till you stop your actions in trying to push for further monopolies like data exclusivity.
The greatest duty of the medical doctor is to save the lives of people and we are doing it now by boycotting your company’s products as the doctors’ community is left with no other choice because of your stand.
Yours truly,
From:-
Copy to;- DAF-K & AIDAN, 57, Tejaswinagar, Dharwad 580 002.
1 comment:
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