A group of doctors have written a letter to PM Modi demanding that the Centre exercise its right of ‘Compulsory Licensing’ (CL) for Bedaquiline and Delaminid, which treat drug-resistant forms of the deadly bacteria.
It means that Pharma companies — US-based Janssen and Japan-based Otsuka, will have to transfer manufacturing rights to domestic producers for generic versions of the drugs. Under WTO’s Trade-related Intellectual Property Regime (TRIPS), India can issue a CL during nation emergency. Doctors say this could greatly cut down prices.
“Both companies are ready to donate the medicines but it’s well known from previous experiences that such “donations” are only an excuse for drug companies to tighten their grip over market and thus keep the drug price high.
This will only keep the medicines away from the reach of the needy. Unfortunately the drug manufacturing companies are not even ready for voluntary licensing,” states the letter written by Karnataka-based Drug Action Forum.
Janssen and Otsuka have refused VL, which entails transferring manufacturing rights to domestic producers in return of royalty.
The letter quotes a WHO study published in 2018, which says that countries made extensive use of TRIPS flexibility between 2001 and 2016. “The most frequently used measures were compulsory licensing, public non-commercial use licensing and the least-developed countries pharmaceutical transition measure, which together accounted for 79.5% (140/176) of instances. To date, the most comprehensive, published database lists 34 potential compulsory licences in 26 countries.” “This establishes that India has every right to use CL under TRIPS flexibility,” said Dr Gopal Dabade, a signatory.
While 1000 patients access Bedaquiline, only 81 patients have access to Delamanid in India. DNA had earlier reported that combination therapy of Bedaquiline and Delamanid in clinical trials of multi-country sites including India has reduced treatment time from two years to six months.
Fight For Health
- Indian patients have been fighting since years for access to life-saving medication like Bedaquiline and Delamanid.
- The govt is yet to make these drugs fully available to the people under the Revised National Tuberculosis Control Programme.
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