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Indian court delivers landmark ruling in drugs patent case by MSF, Guardian & agencies April 2013 India''s supreme court has ruled against Swiss drug giant Novartis in a landmark case that activists say will protect access to cheap generic drugs in developing nations. Novartis fought a seven-year legal battle to gain patent protection for an updated version of its leukaemia drug Glivec. Glivec sells in developed nations for more than $3,000 for a month''s worth of treatment, but a generic version is sold in India for less than $200. India''s law restricts pharmaceutical companies from seeking fresh patents for making only small modifications - an industry practice known as evergreening - and the ruling enables generic drugmakers to continue copying Glivec. The court upheld the view of India''s patent office, which refused to grant patent protection on the grounds that the new version of Glivec was not vastly different from the earlier version. The case is the most high-profile of several battles being waged in India and was seen as having far-reaching implications in defining the extent of patent protection for multinational drug firms operating in the lucrative market. Lawyer Anand Grover, representing the Cancer Patients Aid Association which opposed Novartis in the patent case, said he was "ecstatic with the ruling". "This will go a long way in providing affordable medicine for the poor," Mr Grover said outside the courtroom in New Delhi. India''s generic drug industry has been a major supplier of generic medicines to treat diseases such as cancer, tuberculosis and AIDS for those who cannot afford expensive branded versions. Pratibha Singh, a lawyer for Indian generics giant Cipla who was also outside the court, said the the ruling "will have implications not just for India but also for other Asian, African and Latin American countries". "The ruling also makes it clear you cannot patent a drug by just making some minor modifications," she said. Critics have referred to corporations practice of getting a 20-year patent on a drug and then making minor changes to it and re-patenting it as "evergreening," and derided it for preventing the manufacture of cheaper, generic versions of the drug. The Guardian''s health editor, Sarah Boseley, writes that multinational drug companies: "with support from the US and European governments which want a profitable drug industry, they have worked to tighten patent protection for new drugs through national laws and trade agreements. India has been the main focus in its historical role as the pharmacy of the developing world. Under the World Trade Organisation''s trade-related intellectual property rights (Trips) rules, India agreed to bring in patents for drugs in 2005. Drugs without patent protection before that date can still be copied and sold cheaply to developing countries by generics companies". Novartis began seeking patent protection for its cancer drug Glivec as soon as the law came into force, but as the drug was already on the market the Swiss firm could not make a standard application. Instead, it sought a patent for a slightly altered version that it said was easier for patients to absorb. Novartis argued that this was innovation under Indian law and deserving of a patent. But India included in its laws a safeguard clause known as Section 3(d) to prevent abuse of patents, humanitarian organization Doctors Without Borders (MSF) explained, and hailed Monday''s ruling as "a major victory for patients'' access to affordable medicines in developing countries." “Novartis''s attacks on 3(d), one the elements of India''s patent law that protect public health, have failed,” Leena Menghaney, India Manager for MSF’s Access Campaign, said in a statement. “Patent offices in India should consider this a clear signal that the law should be strictly applied, and frivolous patent applications should be rejected.” Dr. Unni Karunakara, MSF’s international president, added that the decision "now makes patents on the medicines that we desperately need less likely. This marks the strongest possible signal to Novartis and other multinational pharmaceutical companies that they should stop seeking to attack the Indian patent law.” The effects of the ruling spread beyond India, Boseley noted: "At stake in the legal battle was not just the right of generic companies to make cheap drugs for India once original patents expire but also access to newer drugs for poorer countries in much of Africa and Asia. India has long been known as the pharmacy of the developing world". The Cancer Patients Aid Association in India (CPAA) also celebrating the ruling, stating, "We are very happy that the court has recognised the right of patients to access affordable medicines over profits for big pharmaceutical companies through patents. Our access to affordable treatment will not be possible if the medicines are patented. It is a huge victory for human rights". India''s generic drugs industry, supplies one-fifth of the world''s generic drugs. http://www.msfaccess.org/about-us/media-room/press-releases/indian-supreme-court-delivers-verdict-novartis-case http://www.guardian.co.uk/world/2013/apr/01/novartis-patent-ruling-affordable-medicines |
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Demand Action to Fight Gun Violence by Mayors Against Illegal Guns USA April 18, 2013 "Shameful day" as US gun control bill fails. (Bloomberg) US President Barack Obama says "the gun lobby and its allies" used lies and distortion to thwart legislation in the US Senate that would have expanded background checks for firearms purchases. Senators voted 54-46, with 60 needed to adopt the measure, as a handful of Democrats joined most Republicans in opposition. The vote was the most significant on gun control in 20 years and countered 90 per cent public support of mandatory background checks. Mr Obama placed the blame on Republicans and lobbyists for gun manufacturers for rejecting the measure in defiance of the will of a majority of the public. He vowed to press on to get gun legislation passed. "I see this as just round one," Mr Obama said. He told voters to "sustain some passion about this". Mr Obama spoke about 90 minutes after backers fell short of 60 votes needed to adopt the measure, an amendment crafted by Senator Joe Manchin, a Democrat, and Pat Toomey, a Republican. The proposal was intended to be a bipartisan compromise and its failure marks a defeat for the president, who made heightened restrictions on guns and ammunition a priority following the Newtown, Connecticut, school shooting last December. "The gun lobby and its allies wilfully lied about the bill," Mr Obama said. Today "was a pretty shameful day for Washington". Mr Obama was joined at the White House by families of the Newtown victims and former Representative Gabriel Giffords, who was shot in the head in 2011 in her home state of Arizona. Mr Obama was introduced by Mark Barden, whose son, Daniel, was among the 20 children killed at Sandy Hook Elementary School in Newtown. "We always knew this would be a long road and there’s no turning back," Mr Barden said. "We will not be defeated." Mr Obama’s push to expand background checks, renew a federal assault weapons ban and limit ammunition magazines faced opposition from the National Rifle Association, the nation’s biggest lobby for gun owners and manufacturers. "Anyone who thinks this is going away is sorely mistaken," said Connecticut Senator Chris Murphy, a Democrat who accompanied Newtown victims relatives to Washington last week. "If we don"t change the laws, there"s going to be another shooting," he said. "Maybe then people will wake up." The debate over gun control was reignited by the Newtown shootings. Mr Obama proposed a gun-safety agenda weeks later, including a ban on assault weapons and size limits on ammunition magazines. Those proposals were removed from the Senate bill amid National Rifle Association opposition, the largest gun lobby in America. "Shame on you!" Patricia Maisch of Tucson, Arizona, shouted from the visitors gallery after the Senate vote result was announced. Ms Maisch had helped overpower the gunman when Ms Giffords was shot. http://www.thenation.com/article/173774/promise-connecticuts-gun-legislation# Mar 28, 2013 Americans gathered at more than 120 events nationwide in a National Day to Demand Action to end gun violence. Mayors Against Illegal Guns has released a new television ad featuring family members of those killed at Sandy Hook calling on political leaders to support sensible reforms like comprehensive and enforceable background checks. In the ad, family members call on leaders to remember their loved ones and prevent other families from experiencing the toll of gun violence by taking real action to pass common sense gun law reforms. “From President Obama to Newtown families to the many Americans and mayors in both political parties coming together at events across the country today, the call for Congress to take action to prevent gun violence is loud and clear,” said Mayors Against Illegal Guns Co-Chair and New York City Mayor Michael R. Bloomberg. “We cannot afford to wait for another tragedy – it’s long past time for elected officials to listen to their constituents and pass reforms like comprehensive background checks that we know will save lives.” “Never before have so many Americans come together to say ‘enough is enough’ and demand action from our leaders in Washington,” said Mayors Against Illegal Guns Co-Chair and Boston Mayor Thomas M. Menino. “The Senate now has the opportunity to take a vote that the American people are demanding to make our neighborhoods safer. The time has come to pass legislation and make reform a reality.” The National Day to Demand Action – organized by Mayors Against Illegal Guns in conjunction with Organizing for Action, Americans for Responsible Solutions and other groups – features hundreds of mayors, law enforcement officials, faith leaders, gun violence survivors and family members who want Congress to take immediate action to strengthen our background check system and reduce gun violence. The day will be the largest gun violence advocacy event in history and is part of the largest field campaign in U.S. history to address gun violence. The coalition recently announced that it is opening campaign offices in ten states. The bipartisan coalition is also broadcasting television ads demanding action from U.S. Senators. The Senate is expected to take up gun violence prevention legislation when it reconvenes in the second week of April. The ads can be found here: www.demandaction.org/recessads http://www.demandaction.org/blog/2013-03-mayors-against-illegal-guns-leads-national-day-to-de http://www.vpc.org/ http://americansforresponsiblesolutions.org/ Visit the related web page |
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