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PaRCha - JNU - AISA material - 2007 ID-17482

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Gleevec® patent order or a review of Section 3 (d) by the Chennai High Court, patient groups feel, threatens future access to affordable medicines. Indian cancer patients groups as well as other Indian public interest and health groups protested in Mumbai on 23rd August 2006 and 13th September 2006 against Novartis policy and requested Novartis to withdraw its case. .

The Berne Declaration supports the Indian patients and public interest groups demands .

The Berne Declaration is very concerned that the changes in the Indian Patent Law requested by Novartis would have consequence on access to affordable essential generic medicines (in particular HIV/AIDS medicines) not only in India but also in all developing countries that import Indian generic medicine. India is today the main provider of affordable generic medicines against HIV/AIDS in the developing countries. The Berne Declaration is shocked that Novartis wants to limit the recognized flexibilities left to the Indian Government under the TRIPS agreement and to undermine its ability to fulfil the right to health. .

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For more information contact: .

Julien Reinhard (Berne Declaration): Phone: +41 21 620 03 06 .

[1]This programme itself has been criticized: "Novartis: un anticancéreux coûteux." .

Solidaire n°180, avril 2005; pp. 12-14 (in French) (accessible at: .

www.evb.ch/fr/p25003505.html); S. Strom & M. Flesicher-Black. "Company's Pledge to .

Donate a Cancer Drug is Falling Short", New York Times, 5 June 2003 ( .

lists.essential.org/pipermail/ip-health/2003-June/004854.html).

[2]CPAA is a Mumbai based cancer patients group working for over 35 years, providing .

services to needy cancer patients from all over India, and even neighbouring Bangladesh, .

Bhutan, Nepal and Pakistan..

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[3]Regarding the compatibility of the exclusion of patentability for new forms or new uses of known products with the TRIPs agreement, see for instance: Report of the Commission on Intellectual Property Rights, Innovation and Health. Public Health, Innovation and Intellectual Property Rights, Geneva: April 2006 ( www.who.int/intellectualproperty/documents/thereport/en/i...) // Commission on Intellectual Property Rights. Integrating Intellectual Property Rights and Development Policy. London: CIPR, September 2002 ( www.iprcommission.org) // Carlos CORREA. Integrating Public Health Concerns into Patent Legislation in Developing Countries. Geneva: South Centre, 2000 // UNCTAD-ICTSD. Ressource Book on TRIPS and Development. Cambridge University Press, 2005 // Sisule MUSUNGU (South Centre) and Cecilia Oh (World Health Organization). The Use of Flexibilities in TRIPS by Developing Countries: Can they Promote Access to Medicines? Study 4C for the Commission on Intellectual Property Rights, Innovation and Public Health. Geneva: August 2005. .

Novartis' IMATINIB MESYLATE EMR .

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India's patent system faces clinical trial .

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Uploaded on August 21, 2015