The letter urged the justices to cancel any meeting scheduled with the IPOA delegation as the IPOA event providing privileged access of an IP lobby group to the highest levels of the judiciary and key quasi-judicial bodies like the IPAB, involved a serious conflict of interest that would cast a dark shadow on the neutrality of the judiciary.
The campaign members dismissed the claim that these meetings were being organised to “share experiences and perspectives on intellectual property and practice with patent practitioners and the judiciary of India” calling it a “shameless ruse”. “The intent is clearly to create an opportunity for multinational pharmaceutical companies to lobby on contentious issues that are taking center stage in the struggle over the interpretation of India’s medicines patent law,” said the letter. It added that the campaign was closely following the misuse of patent rights and more recently the vexatious litigation of the Swiss pharmaceutical company Hoffmann-La Roche Ltd in India to maintain control over the market for the life-saving breast cancer drug (trastuzumab), thus blocking access to treatment for many women diagnosed and suffering from a certain kind of breast cancer (HER2+) for which this drug was very effective.
“Our courts are in the forefront of the move to hold public institutions to account for any breach of ethics and propriety. The recent step taken by the Supreme Court to scrutinise the visitors’ book of the Director of Central Bureau of Investigation is a clear message in this regard, with serious note being taken of the alleged visits of individuals directly or indirectly linked to ongoing CBI investigations. We believe that the independence of the judiciary is central to its role in protecting the right to life and health guaranteed to us by our Constitution,” stated the letter. The IPOA delegation comprises representatives of pharma MNCs corporations with interests in India and the law firms that represent them in patent disputes before the IPAB and Indian courts. Members of the IPOA (notably Bristol-Myers Squibb, Roche, Pfizer and Merck have cases and appeal pending before the IPAB and the Delhi High Court. “The stated aim of the IPOA is to promote the case of its member entities, and, is thus no more than a lobbying organization set up by corporate interests to promote their restricted view of intellectual property. It is disquieting that this lobbying organization is seeking to meet members of the judiciary in India which is hearing currently pending matters in which IPOA members are plaintiffs,” stated the letter.
The letter also expressed concern about the intent and purpose of the “Innovation Dialog” being organised in India from November 16-22, 2014 by the IPOA.
|Company involved||Next date||Case|
|Pending in Delhi high court||BRISTOL-MYERS SQUIBB||1-Dec-14||Patent dispute relating to the anticancer drug dasatinib|
|Pending in Delhi high court||BRISTOL-MYERS SQUIBB||2-Feb-15||Patent dispute relating to the anticancer drug dasatinib|
|Pending in Delhi high court||SCHERING CORPORATION||Patent dispute relating to the anti-HCV drug pegylated interferon alpha 2b|
|Pending in Delhi high court||ROCHE||13-Nov-14||Roche wants cheaper version of the drug trastuzumab off the market on the ground that the package insert of the competitor violated their copyright.|
|Pending in IPAB||MYLAN LABORATORIES||27-Nov-14||Patent dispute relating to the anti-cancer drug erlotinib|