Modi asked to resist US pressure on IP and pharma sector

An international medical agency today asked Prime Minister Narendra Modi to resist US pressure to drop the use of public health safeguards in its intellectual property laws, which it said has enabled India to become the 'pharmacy of the developing world'.

"India's production of affordable medicines is a vital life-line for MSF's medical humanitarian operations and millions of people in developing countries," said Rohit Malpani, director of Policy and Analysis for Medecins Sans Frontieres' (Doctors Without Borders) Access Campaign.

"India's patent laws and policies have fostered robust generic competition over the past decade, which has brought the price of medicines down substantially – in the case of HIV, by more than 90 per cent. The world can't afford to see India's pharmacy shut down by US commercial interests," he said.

India supplies affordable generic medicines to people and governments worldwide, including to MSF’s medical humanitarian projects, which are present in more than 60 countries, MSF said in a statement hours before the Prime Minister was to land in New York on his maiden US visit.

The US on behalf of its pharmaceutical industry has recently stepped up pressure on India, with the US International Trade Commission (USITC) initiating a fact-finding investigation this year on India's intellectual property regime, which is seen to be undermining the interests of US companies, it said.

In addition, the US Trade Representative (USTR) once again placed India on the Priority Watch List in its Special 301 Report and announced an out–of-cycle review of India's intellectual property regime, which signals the threat of sanctions against India, the statement said.

One key target of US pressure is India's patent law that makes it tougher to get secondary patents on existing medicines, which in turn facilitates the introduction of generic competition.

Another point of contention is the use of compulsory licenses, a legal measure, used once by India so far, that jumpstarts generic production when patented life-saving medicines are priced out of the reach of patients, MSF said.

According to MSF, India’s laws were changed in 2005 to comply with the World Trade Organisation's mandate for pharmaceutical patenting, and remain in line with international trade and intellectual property rules.

The USTR has already held several high-level meetings with the Indian government around its intellectual property policies, and it is expected that Modi's visit will intensify dialogue on India's approach to pharmaceutical patents and use of public health safeguards.

MSF in its statement urged Modi to continue India's leadership in global health, and stand firm in protecting public health in the face of mounting US pressure.