MSF urges more compulsory drug licensing in India

19 March 2012

In the wake of India granting its first compulsory drug license - to local firm Natco Pharma for a genric version of Bayer’s cancer drug Nexavar (sorafenib tosylate; The Pharma Letter March 13), the international medical humanitarian organization Medecins Sans Frontieres (MSF) has urged other Indian generic companies to come forward to apply for compulsory licenses (CLs), including on HIV medicines, if they cannot get appropriate voluntary licenses from the patent holders.

“We have been following this case closely because newer drugs to treat HIV are patented in India, and as a result are priced out of reach,” said Tido von Schoen-Angerer, director of the MSF Access Campaign, adding: “But this decision marks a precedent that offers hope: it shows that new drugs under patent can also be produced by generic makers at a fraction of the price, while royalties are paid to the patent holder. This compensates patent holders while at the same time ensuring that competition can bring down prices.”

“This decision serves as a warning that when drug companies are price gouging and limiting availability, there is a consequence: the Patent Office can and will end monopoly powers to ensure access to important medicines,” commented Michelle Childs, director of policy/advocacy at the MSF Access Campaign. “

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