A written declaration urging EU action on the Novartis case was introduced on 13 February by MEPs representing all major political groups in the Parliament, except the centre-right EPP-ED group.
The declaration asks Novartis, a Swiss pharma group, to withdraw its complaint, which challenges Indian drug-patent law, so that the world's poor are ensured continued access to cheap generic medicines, in particular AIDS drugs.
The MEPs are asking the Commission and Council to adopt a similar position against Novartis. The declaration will be open for signature by all MEPs in Parliament on 26 February 2007. It will become an official Parliament resolution if at least half of the MEPs sign it within three months of its introduction.
In January 2007, a coalition of MEPs already sent an open letter to the head of Novartis, asking the company to drop the case.
Humanitarian group Médecins Sans Frontières (MSF) is actively supporting the MEPs and encourages the use of flexibilities provided for by the WTO's TRIPS, which allow implementation of the health patents in a "pro-public health" way, the case of India.
According to the group, "the primary role of patents is to reward innovation. However, different studies show that as patent protection has increased during the past 15 years, the innovation rate has, at the same time, decreased. Only patents on new derivatives or combinations of existing drugs demonstrating no real innovation has increased."
Novartis states that its case in India is not about patient access, but "solely about safeguarding intellectual property", which it sees as the best way to encourage innovation.
The hearing of the case took place in India, Chennai Court, on 29 January 2007, but the judgement was postponed until 15 February 2007. On that date, the judge will rule on the case or decide to refer it into another court. Whatever the result, the 'loser' of the case is expected to appeal.
