[Commons-Law] Letter to Prime Minister

[aidslaw2 at lawyerscollective.org]

AFFORDABLE MEDICINES & TREATMENT CAMPAIGN (AMTC)

 

Adv/amtc/p/180/05

 

Hon'ble Prime Minister

Manmohan Singh

Delhi

 

Hon'ble Prime Minister,

 

I write on behalf of the Affordable Medicines and Treatment Campaign (AMTC) and partners to express some concerns regarding the Technical Committee set up after the passage of the Indian Patent (Amendment) Act (2005) and headed by headed by Dr A.R.Mashelkar. The AMTC is a collective of patients, doctors, lawyers, NGOs and citizens concerned about the public interest and access to medicines.

 

Firstly, we be believe that it is unacceptable for patents to be granted under the new Patents Act until the Committee decides upon the issues within its mandate, namely the nature and scope of TRIPS obligations with respect to new chemical entities and micro-organisms.  Until these key issues are resolved by Parliament, we do not believe it is appropriate for the Patent Controller to make any determinations with respect to any pending patent applications.  These open issues go to the very core of what is and is not patentable under the Act.  Unless and until the Patent Controller receives adequate statutory guidance from Parliament, the Patent Controller will be making ultra vires determinations regarding these critical open issues. As such, we request that the Patent Controller be enjoined from making any patent determinations until these two issues have been resolved.

 

Secondly, we would like more information to be made available to the public about the workings of the Committee, including the process and content of the Committee's activities. There is an obligation upon the government to ensure an open and transparent process so that the public is aware of developments and the process is truly participatory and democratic. Please ensure that public comment is invited through open hearings across the country, including patients groups, legal professionals and other members of civil society. We hope that the findings of such hearings will be published online. We request an appointment with the Prime Minister's Office to discuss current developments related to the Technical Committee, and access to affordable medicines.

 

Thirdly, it is distressing to note that there is no health representative on the Technical Committee. The issues of patentability of NCEs and MOs have far-reaching consequences for our country. Specifically, access to medicines will be significantly impacted by the decision taken by the Committee. We urge you to include a representative on behalf of the public interest and health on the Committee.

 

Lastly, we hope that the Office of the Prime Minister will take an active role in staying abreast of developments with the Committee, particularly the submissions made by the Affordable Medicines and Treatment Campaign, Alternative Law Forum and other public interest groups. 

Sincerely,

 

 

 

 

Affordable Medicines and Treatment Campaign

Lawyers Collective HIV/AIDS Unit

Community Health Cell

Freedom Foundation  

Alternative Law Forum

Sunil George, People's Health Movement

Torchbearers (Advocacy for disabling mental illness)

Society for People's Action for Development (SPAD)

K B Obalesha, Human Rights Forum for Dalit Liberation (KA)

Network for AIDS Prevention - Karnataka (NAP-K)

Sanghamitra Iyer, Samraksha Care and Support

 Manohar, Sangama, Bangalore 

Dr Gopal Dabade, President, Drug Action Forum

Karnataka Network of HIV Positive Persons

Cynthia, People's Health Movement

Prafula Saligram, Caregiver

Prasanna Saligram, AID 

Swasti - Project Pragati - Bangalore

Jayashree (filmmaker on Patents and Access to Medicines)

Milana Support Group for Families Living with HIV/AIDS

Vijaya Mahila Sangha - Bangalore 

Abhaya and Action Aid India 

Ramesh Rao - person working for HIV-positive people in Shimoga District, Karnataka

Gopakumar

Nazia Masood

Surekha Nair, Sasarika

      Shalini Gambhi, Bangalore, Medical Services Trust and Research Institute

      Bhuvaneshwari, Suraksha Josh Varghese Joy, ACCEPT

      Rajshekar, ACCEPT

      Action AID India ,Abhaya

      Daniel Nathaniel, Acts Ministries       

      William Christopher, Acts Ministries 

      Good Sheperd Health Centre

      Community Health Cell 

      Namrita Nair, Independent Health Consultant 

      Vijaya Mahila Sangha 

       
     

 

Cc: 

 

01        Dr. Anbumani Ramadoss

Minister of Health & Family Welfare

Government of India

144 A Nirman Bhawan

New Delhi 110 011

Fax: 011-23010661

 

02        Mr. Ram Vilas Paswan

Minister of Chemicals & Fertilizers

Government of India

315 A, Shastri Bhawan

New Delhi 110 011

Fax: 011-23384020

 

03        Mr. Kamal Nath

Minister of Commerce & Industry

Government of India

45 Udyog Bhawan 

New Delhi 110 011

Fax: 011-23384241

 

 

04        Mr. Kapil Sibal

Minister of State of the Ministry of Science & Technology

Government of India

Technology Bhawan

New Delhi 110 003

Fax: 011-26567793

 

05.       Dr. Pronab Sen

            Pr.Adviser (PP)

            Yojana Bhavan, 
            Sansad,Marg,

NewDelhi-110001
 

06        R.A. Mashelkar, F.R.S.

Director General, CSIR & Secretary, Government of India

Council of Scientific & Industrial Research     

Anusandhan Bhawan

2 Rafi Marg, New Delhi

 

07        Shri S.Chandrasekran,

Controller General of Patents, Designs & Trade Marks

Old C.G.O. complex, 

101, M.K. Road, Mumbai-400 020.

 

 

08        Shri P.K. Patni

            Deputy Controller of Patents & Designs

            The Patent Office, Intellectual Property Office Building,

            Plot No. 32, Sector 14, Dwarka, 

            New Delhi-110075.

 

09        Shri H.C. Bakshi

            Patent Office, Intellectual Property Office Building,

            G.S.T. Road, Guindy, 

Chennai-600032

 

10.       The Patent Office, 

            Intellectual Property Office Building, 

            CP-2 Sector V, Salt Lake City,

            Kolkata-700091, 

 

 

 

 

 

 

 

 

 

 

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