Date: 28 June 2011
Source: The Economic Times
Link: http://articles.economictimes.indiatimes.com/2011-06-22/news/29689804_1_data-exclusivity-medicines-eu-india
NEW DELHI: Global health groups have urged the government to scrap certain provisions
in its ongoing trade discussions with European countries saying there are other
provisions to restrict access of low cost medicines even after removing data
exclusivity, one of the main contentious provisions.
Though both the EU and India have officially confirmed data exclusivity will not
be part of the free trade agreement (FTA) text, Europe should remove other
harmful clauses from the EU-India FTA negotiations, international medical
humanitarian organisation Medecins Sans Frontieres (MSF) said. Dataexclusivity
delays registration of generic versions of a medicine by up to10 years, even
for drugs that do not deserve a patent under India`s law. India is a key global
supplier of low cost medicines and most global suppliers of cheap drugs rely on
Indian drugmakers
"Europe is still pushing provisions on the enforcement of intellectual property
(IP) that are of great concern for procurers and suppliers of medicines, like
MSF, as they put us at risk of litigation or court orders that prevent us from
delivering medicines to patients," said Michelle Childs, director of
Policy & Advocacy of MSF`s Access Campaign.
By allowing patent holders to target all persons involved in the production, manufacture
and delivery of medicines suspected of infringing an IP right, these provisions
could draw in treatment providers like MSF into legal proceedings and increase
the risk of medicines being seized at Indian borders.
Another area of concern is the investment chapter of the FTA which includes measures
to protect the commercial interests of foreign companies investing in India.
This will allow pharmaceutical companies to bypass Indian courts and sue the
Indian government in secret international arbitration panels that do not
balance public health against private profit.
"Europe is also pushing policies that will limit access to low-cost
versions of the newer drugs that people need to stay alive. This is unacceptable.
The EU must drop the remaining clauses that are harmful to public health,"
Childs said.
Keywords: India / EU / Drugs
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