A hurrah for Yousuf Hamied and Co

A Chennai court ruling quashed Novartis' patent protection case against generic antiretrovirals. As much as the right to patent what you have worked on and created is valid, hijacking the access to the drug from people who need it is ethically untenable.

Cipla and buddies have perfected reverse engineering to the hilt. We really don't know what amounts they make of the process- they monopolise the ART market in the sub Saharan African and Asian continents.They might not be the true champions of the cause, the altruistic saints we believe them to be - every person,group, company works on incentive right( Levitt/Dubner)But fact remains that prices of these generic drugs are a minuscule fraction of what the multinational drug companies sell them at.
Whatever their margin, the people who gain are the ill.Somebody has to play the dirty role.For the uninsured, daily wage earning laborer and his family for whom a trip to the ART center 350 km away means a couple of days' salary spent on travel besides no wages for that day,getting that bottle of pills for the month is all that matters.

The MOH/GOI has been overgenerous in providing free ART through its ART centers, and a substantial part of this is courtesy Mr Clinton, the Gates and PEPFAR.It would seem unlikely that this program would cover all infected patients in the country.There will be patients who choose to get treated outside the program, either due to concerns about stigma, drug resistance or even ignorance. The drugs being disbursed at the government ART centers are again the generic antiretrovirals made by Cipla, Alkem, Cytomed etc.Plus these guys sell them in the market. They have come out with cheaper versions of Tenofovir, Lopinavir/Ritonavir. And there is a Pepsi/Coke type battle here to get cheaper and cheaper( pun very intended)
Are we are being unfair here to Novartis and the lot?!

If the copycats are being allowed to sell to the GOI, they should not be allowed to market the drugs at the same rate.That dosen't seem fair.
I do not know how the specifics might work out. But it seem we would be sending the wrong signals going all ballistic against multinational drug companies.They are the guys who employ some of the best brains in the business and pump millions in sequencing genomes of bugs, then knocking them down, running trials. Its easy to copy. Its tough to be original.

Option two: Special categories of drugs including ARTs be put under less strict patent laws, shorter periods of patent protection.

Inequity will remain.It is a bitter reality. It is sad that the AIDS epidemic has just widened that chasm, given it that mai-baap giver taker angle. But it is also heartening that there are people ( Gates and the lot) who despite being in the better side of things are troubled by the inequity and choose to help.The ultimate beneficiary is the patient. Fortunately/unfortunately thats what matters.

Novartis will appeal.With the money they have, and some smart lobbying they might get some concession in the TRIPS case.But this is a good news for now. Lets savor it.

The day breaks
With it breaks my heart
For who knows this glorious morning
Might well be my last
.......................................Tagore, Gitanjali