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AIDS Drugs - Have Patent Rights Triumphed Over Patients’ Rights?
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In May 2006, HIV/AIDS patient groups protested against a
patent application filed by the US-based Gilead Sciences Inc. (Gilead) for its
AIDS drug Viread (Tenofovir Disoproxil Fumarate or TDF) in India.
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The Indian
Network for People Living with HIV/AIDS (INP+) and the Delhi Network of
Positive People filed a pre-grant opposition, which sought to oppose the
patent, at the patent application office in New Delhi. The patent
application for Viread was opposed on the grounds that it involved only
an addition of a salt (Fumaric Acid) to an existing compound (Tenofovir
Disoproxil) and was not a new invention.
TDF was an important drug for people starting AIDS treatment for the
first time. It was also important for patients who had developed
resistance to other drugs used in the first-line treatment of AIDS. The
main concern of these patient groups was that if the government granted
the patent, the drug would not be affordable to most AIDS patients. |
Viread was priced at around US$ 5,718 per patient per year
in developed countries where patent protection was in force. However, the
generic version of the drug cost around US$700 per patient per year in India. A
UNAIDS Report, released on May 30, 2006, reported that India, with around 5.7
million people living with HIV/AIDS, had surpassed South Africa to become the
country with the largest number of HIV/AIDS infected people worldwide.
Only 1,80,000 patients in India (2005 est.) were undergoing treatment for AIDS.
The high cost of AIDS drugs was regarded by healthcare experts as one of the
major factors for low treatment levels in India and other developing countries.
As of 2005, India was the largest supplier of generic AIDS drugs to developing
countries. A main reason was that prior to 2005, India’s patent law recognized
only process patents. As a result, manufacturing and marketing of generic
versions of drugs was legal as long as the drug was manufactured through an
alternative process. Due to this the drug prices in India were lower than other
countries and India became a hub for manufacture of low priced generic drugs.
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