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The United States-based not-for-profit group, Initiative for Medicines, Access & Knowledge (I-MAK) and the human rights group, Delhi Network of Positive People (DNP+), have together filed a writ in the Delhi High Court to challenge the Indian government’s recent decision of granting patent to a costly hepatitis C drug. The drug, called sofosbuvir, is one of the costliest medicines in the world, priced at $1,000 per pill in the U.S. by its manufacturer Gilead.
The Indian government’s decision is being seen as a reverse step in its stance, which could potentially block the access of the crucial medicine to at least 50 million patients in developing countries.
The activist and patient groups, which have challenged the government order, claimed that the Indian Patent Office’s (IPO) decision was a flawed one and that Gilead’s drug was not exclusive and hence did not deserve to be granted a patent.
I-MAK and DNP+ have filed the challenge on the grounds that the IPO’s latest decision is contrary to public interest, fails to assess the full scientific and legal evidence presented, and ignores key Indian patent law and judicial precedents.
“The facts of the case are undeniable. Sofosbuvir, the base compound in Gilead’s hepatitis C drugs, was developed with previously published techniques that have been used repeatedly in other antiviral drugs,” Tahir Amin, the co-director of I-MAK, said in an official statement.