---------- Forwarded message ---------- From: aidslaw2@lawyerscollective.org To: bgvskarnataka@gmail.com Date: Fri, 1 Sep 2006 10:36:22 +0530 Subject: Re: PROTEST AGAINST PATENT OF GLEEVEC - URGENT ACTION PLAN MEETING ON 01-09-06 AT 5PM

Dear All

Following to our conversation about Gleevec patent issue , I have enclosed the invite for todays planning meeting.

Looking for your participation,

Rajakumar Advocacy Officer Lawyers Collective HIV/AIDS Unit #4A, MAH Road, Tasker Town, Shivajinagar, Bangalore - 51

Telephone: (080) 4123 9130/31/41125273 Fax: (080) 4123 9289

Bangalore Project Office: aidslaw2@lawyerscollective.org

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**Dear friends,**

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* SUBJECT: NOVARTIS CHALLENGES **INDIA**'S PATENT LAW!!!*

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* SUPPORT INDIAN PATIENTS IN PROTESTING AGAINST NOVARTIS LITIGATION!*

Earlier this year we informed you of the first victory of patients groups in India when the Chennai Patent Controller rejected Novartis' patent application for 'Gleevec' a crucial anti cancer drug. Novartis has now filed three cases in India challenging this order and against the Government of India and the Cancer Patients Aid Association – a Mumbai based cancer patients group working in India for over 35 years.

Gleevec is the test case of the Indian patent system that so many persons living with HIV/AIDS and other patients are relying on for the continuation of generics manufacture. It is the first test of the flexibilities of the TRIPS and Doha. Novartis' litigation is a direct challenge to our lives and health and we call on all activists and health groups to support Indian patients in this fight.

WHAT IS GLEEVEC?

Imatinib Myselate or Gleevec is a crucial cancer drug essential in prolonging the life of patients suffering from Chronic Myeloid Leukaemia (Blood Cancer). It is produced and marketed internationally by Novartis and various Indian pharmaceutical companies like Cipla, Ranbaxy, Natco, and Hetero also manufacture.

WHAT HAPPENED WITH GLEEVEC IN INDIA?

Indian generics companies started manufacturing and supplying affordable versions of Gleevec (much like they did AIDS medicines). In 2003 Novartis got 'Exclusive Marketing Rights' (EMR) under a provision of India's patent law for five years. The EMR acted like a monopoly right and Novartis succeeded in stopping generic manufacture of Gleevec.

*To put the effect of all this in perspective*; generic versions of Gleevec were available in the Indian market at about *Rs. 8,000 ($175) *per patient per month. After Novartis prevented generic manufacture it marketed Gleevec at nearly ten times that price i.e. *Rs. 1,20,000 ($ 2000) *per patient per month. Gleevec was clear and damning proof of what happens when a drug company gets a patent.

WHY WAS NOVARTIS' PATENT APPLICATION FOR GLEEVEC REJECTED?

After India's patent law changed in 2005 to become TRIPS compliant (see attached note on Indian Patent law) Novartis patent application came up for examination. The Cancer Patients Aid Association, which had to stop treatment for cancer patients after generic versions on Gleevec became unavailable, challenged this. Novartis patent application was rejected by the Chennai Patent office for being merely a 'new form of an old drug', which under Section 3(d) of the Indian Patent Act is not patentable. This brought immense relief to cancer patients in India and indeed around the world whose lives could not wait for a 20-year drug monopoly to get over.

WHAT IS NOVARTIS DOING NOW?

Now Novartis has challenged the rejection of its patent application. It has also challenged Section 3(d) of the Indian Patent Act in a separate case questioning the constitutional vailidity of 3(d) in accordance of the TRIPS Agreement. URGENT ACTION

The Cancer Patients Aid Association and the Lawyers Collective are organizing actions in India to coincide with the hearing on 13th August 2006in the Chennai High Court of Novartis challenge.

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We request you to participate in a planning meeting on the 1st of September at 5 pm. to plan for a protest. The venue: Lawyers Collective HIV/AIDS Unit, First Floor No 4 A MAH Road, Off park Road Tasker Town, Shivajinagar, Bangalore –560051

If you have any further clarification kindly contact Mr. Raja Kumar at 41239130/31* *

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*Thank You*

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*Yours Sincerely*

* Raja Kumar*

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Lawyers Collective HIV/AIDS Unit #4A, MAH Road, Tasker Town, Shivajinagar, Bangalore - 51

Telephone: (080) 4123 9130/31/41125273 Fax: (080) 4123 9289

Bangalore Project Office: aidslaw2@lawyerscollective.org