[Commons-Law] Support from us in Southeast ASIA <Re: [SAATHII] Action Alert!!! Patent Bill is introduced with NO change

Mon Mar 28 08:54:52 IST 2005

Dear All,

We are people in Shouteast Asia really support all your fight.  

Warm regards,
Kurniawan Rachmadi
Working Group (Pokdisus) on AIDS
Faculty of Medicine University of Indonesia 
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Generic ARV Drugs in Southeast Asia: Needs and Productions 
The 3by5 Program of the World Health Organization (WHO) has been kicked off since December 2003. In line with WHO program, ASEAN countries have started expanding the use of ARV drugs. In accordance with the capacity of each country, most of ASEAN countries have benefited generic ARV drugs except Singapore. Malaysia that once utilized patented ARV drugs in its current therapy program has shifted into the use of generic ARV drugs. Therefore, the need for generic ARV drugs in the Southeast Asia region has increased exponentially. ASEAN countries that have produced generic ARV drugs are Thailand (Government Pharmaceutical Organization --GPO), Indonesia (PT. Kimia Farma), and Vietnam (STADA) while the rest of ASEAN countries have to fulfill their needs by importing generic ARV drugs from India. Today, the production capacity of Indian generic ARV drugs is capable to serve the needs of 700,000 ARV beneficiaries.

Recently, there is a heated debate in India regarding The Patent Bill that could adversely influence the role of India as the supplier of generic ARV drugs. India has set its own program to provide generic ARV drugs for its 300,000 citizens that use the life-saving drugs. The rest of its production capacity is utilized to help developing countries both in Asia and Africa to fulfill their needs of generic ARV drugs. Today, Thailand is preparing the production of generic ARV drugs to serve 70,000 beneficiaries since its existing plant cannot fulfill the demands, forcing it to open new plant. 

Meanwhile, PT Kimia Farma's current capacity to produce generic ARV drugs is set to serve the drugs needs of 10,000 beneficiaries while actually this capacity can be increased for fulfilling the needs of 20,000 beneficiaries. Malaysia today is providing generic ARV drugs for 5000 beneficiaries through importing generic ARV drugs from India. This is also the case in Myanmar, Laos, and Cambodia that seem to be not able to produce their own generic ARV drugs and instead, acquiring the drugs from Thailand or India. So, if the Patent Bill that is going to be endorsed in India stipulates that the production of Indian generic ARV drugs India should only for serving the domestic needs, the provision of generic ARV drugs in ASEAN countries would be in danger. Indeed, cooperation among ASEAN countries is needed in a bid to fulfill the soaring demands over generic ARVs. It is inevitable that most of ASEAN countries will turn to Thailand and Indonesia for helping their citizens. Indonesia actually has great potency in providing generic ARVs since PT Indo Farma has been prepared for producing generic drugs for 200 millions Indonesians so that its factory has the capacity to be the biggest factory of generic drugs in ASEAN. 

The state of cooperation that needs to be approved is in calculating the production capacity, finding raw materials as well as finding the most feasible cooperation (it seems that G to G cooperation is the most feasible one). Indonesia itself needs to build cooperation between its state-owned pharmaceutical companies, Kimia Farma and Indofarma so that it can prepare itself to be one of the producers of generic ARV drugs that could meet both domestic demands as well as those of other countries. 

At the end, WHO should be able to facilitate this production increase while at the same time also help to maintain the production quality so that ASEAN community can benefit world quality ARV drugs. 

(Samsuridjal Djauzi and Kurniawan Rachmadi, Pokdisus AIDS FKUI)      

  ----- Original Message ----- 
  From: aidslaw 
  To: pwha-net at eforums.healthdev.org ; sea-aids at eforums.healthdev.org ; commons-law at sarai.net ; saathii at yahoogroups.com ; af-aids at eforums.healthdev.org ; AIDS_ASIA at yahoogroups.com ; EMPOWER - INDIA ; AIDS-INDIA at yahoogroups.com 
  Cc: AMTC India 
  Sent: Sunday, March 20, 2005 4:39 AM
  Subject: [SAATHII] Action Alert!!! Patent Bill is introduced with NO change

  Action Alert!!!

  Patent Bill is introduced with NO change

  On Friday, 18 March, the Government introduced the Patent Bill in the Lok Sabha, despite the overwhelming voices of objection from opposing parties being in the majority. http://www.hindu.com/2005/03/19/stories/2005031907500100.htm 

  The Bill replicates the original Amendment which had been passed in the Ordinance. Newspaper reports confirm that the Government is negotiating with political parties, in particular with the left parties, to obtain changes to the Bill. However, information we are receiving indicates that offers by the Government to amend the Bill are merely cosmetic and far from satisfactory in terms of protecting and ensuring the public's future ability to access affordable medicines and healthcare.

  http://www.hinduonnet.com/2005/03/19/stories/2005031906781100.htm 

  It is imperative that parties and groups negotiating with the Government do not compromise on any of the amendments that have been sought to the Bill and immediately urge that negotiations are made transparent and a full opportunity for all groups to discuss the Bill is allowed, ideally through a select committee.

  Therefore, as a matter of urgency, we call up on all groups to express their concerns by contacting the following political parties/politicians by email, fax or telephone,  details of which are attached. A sample letter to raise your concerns to the politicians/political parties, which you may copy and paste, is attached. 

  Thank you for your continued support.

  Affordable  Medicines and treatment Campaign(AMTC), ACT UP Paris, Alternative Law Forum, Medecins Sans Frontiers (MSF)

  Dear Sir

  Introduction of the Patent Bill

  Following the introduction of the Patent Bill in the identical form that it was passed in the Ordinance, we implore you to ensure that the amendments to the Patent Bill which we have been calling for are not compromised in any way or form. We understand the Government is in negotiations with the Left parties and is offering concessions to amend the Bill, but we believe that such concessions are merely cosmetic. For the sake of public interest and affordable medicine and healthcare in India and other countries around the world, there can be no compromise of the following points:

  q       Clearly define 'Patentable Criteria' i.e what is patentable and what is not.

  q       Exclude secondary patents for new usage, dosage combination etc of known drugs.

  q       Restore the Pre-grant opposition provision to its original form to prevent frivolous and invalid patents.

  q       Delete the 3 year moratorium on compulsory licenses.

  q       Introduce a ceiling royalties to pharmaceutical companies.

  q       Delete the requirement of the country importing drugs to also issue a compulsory licence. 

  q       Restrict the latitude given to the Government in the rule making powers.

  We ask that you realise the importance and effect of compromising on any of the above and trust that you will support the need to have a full transparent discussion, namely through the select committee process, on the Patent Bill in order to achieve the above.

  Yours sincerely

  [Name of organisation]

  Disclaimer: Opinions expressed in the above articles are those of the respective  newspapers and authors, not those of SAATHII.

  Web Site : www.saathii.org (SAATHII website will be one of the comprehensive websites for HIV-AIDS information in India and a unique tool for networking) 

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