India’s main opposition BJP and the Communists to defeat ground-breaking patent law for pharmaceutical products - what happened in America should not happen in India
Harish Baliga
Mar. 18, 2005

Many in India cite the Pharmaceutical industry in America and say what happened in America should not happen in India. The strict patent laws allow the Pharmaceutical companies in America to enjoy some kind of oligopoly and the net result is escalating price level of drugs. People just cannot afford it. People in America who do not have access to cost effective health insurance is trying to get the drugs from Canada. On top of that the Food and Drug Administration officials have conflict of interest. The Pharmaceutical companies spend enormous amount of money is influencing legislators and providing “indirect consulting fees” to FDA officials to make sure the drugs are approved on time. What happened with Vioxx and some other drugs are eye openers. President Bush in America is in favor of generic drugs that help lowering pieces.

Citing these examples, the common people in the main street in India come out strongly against New Delhi's plans to enact a ground-breaking patent law for pharmaceutical products. BJP, the main opposition, understanding the tone among the common people in India came out strongly against the bill. Manmohan Singh, prime minister, yesterday expressed disappointment with the tactics of the BJP, which had drafted the law last year before it was turned out of office.

The Communists in India popularly known as the Left parties are against such patent law for a long time. Though the current Government (Congress led UPA) depends upon the Left parties for its survival, they were going ahead with the enactment of the bill hoping that BJP will support them.

According to some released reports, GlaxoSmithKline, India's largest drug company by sales, expressed frustration at the latest uncertainty. Russell Greig, president of international pharmaceuticals at GSK, said: "This is a step backwards for India. Without quick and full implementation of the patent bill, India's potential as a base for investment, research and development and innovation will not be fully realized."

The enactment of the law is required to comply with India’s obligation as a member of the World Trade Organization (WTO).

According to consumer activist group in India and abroad, Mr. Kamal Nath, Indian Commerce Minister sold out common people of India in WTO agreement for the sake of the rich and famous. According to these groups, the agreement will require new Patent law, the price of medicines will escalate several times and the common people will suffer. WTO agreement allows Indian industrialists and outsourcing companies access to Western markets. It is a classical case of selling the common people to make the rich richer says the activists in Mumbai, Delhi, Kolkata and Chennai.

Critics argue that the planned law would prevent the export to other developing countries of vital future drugs, such as the "three-in-one pill" of anti-retrovirals for people suffering from HIV/Aids. India supplies drugs to about half the 700,000 HIV-infected people being treated in the developing world.

Médecins Sans Frontières, the French medical charity, said: "The availability of affordable fixed-dose therapy manufactured in India has revolutionised Aids treatment in developing countries. Sources of new low-cost medicines will dry up globally."

According to the Consumer Unit Trust Society, a pro-free trade research group based in Jaipur, India, the draft act is designed to not include safeguards permitted under the WTO's intellectual property protection regime. They say it is a shame that India has to have such a law that WTO even does not require.

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