Our third week started with a grueling drive back from Dharamsala. It took us fourteen hours to reach home and despite the amazing experiences I had during the weekend, I was happy to be back in Delhi. This is a favorable outcome since I am finally thinking of DeIhi as being home. I am usually able to handle long drives but this drive included many bumpy and windy roads with occasional traffic. Overall, visiting Dharamsala was an amazing experience both as a tourist and researcher. McLeod Ganj was beautiful and watching Tibetan monks debate with each other within the temple was an experience I shall remember for the rest of my life. The cool breeze while overlooking Dharamsala valley was a welcome change from the Delhi heat and traffic. 

Despite these amazing experiences as a tourist, the most profound impact was made on me during attendance of seminars organized by HRLN. It was here I finally had the chance to see those who are being impacted by HIV within rural areas. The stories being told regarding the oppression being experienced had such an emotional impact. My motivation for this project keeps increasing in ways I never expected. 

For the rest of the week I researched for my project and refined my objective. Initially my focus was on creating an booklet which would spark the filing of Public Interest Litigation cases. However, I have come to realize through recent cases being heard that taking this route is not really effective. For NGO’s and HRLN to truly have an impact and protect the rights of those living with HIV, they must take advantage of existing provisions within TRIPS. It is important to realize there is no turing back and that India has now completely adopted WTO requirements to become TRIPS compliant. A provision within TRIPS I will primarily focus on is the ability for a civil organization to file a pre-grant opposition. According to TRIPS, the Indian patent office must make public all patent applications and hear any oppositions filed, before granting patentability. Recently, the patent for the drug Valganciclovir was given without due consideration to pre-grant oppositions filed by civil society organizations. The high court of Madras ruled that improper consideration given to these oppositions initiates the annulment of the granted patent. To truly obtain patentability, the Patent Office of India must hear all the oppositions and then make a ruling whether to grant a patent. This is where HRLN should focus their efforts to make sure existing and new ARV drugs do not achieve patentability and hinder the generic industry from producing the drugs at a low cost. 

This week I have realized that I need to establish contact with DG Shah. He is currently the Secretary General of Indian Drugs Manufacturers Association. He is often known to be soft spoken but when it comes to issues dealing with patent law, the ratification of TRIPS and the ramifications on the Indian pharmaceutical industry, that trait is no longer apparent. Attaining his involvement would be instrumental especially since he has voiced numerous opinions regarding compulsory licensing and pre-grant oppositions. I have begun drafting an email and considering his position within the industry, I am sure that I will be sending numerous emails to initiate contact.

I must admit that my research undertaking has been a little frustrating. I thought there would be abundant resources regarding the subject matter but this has not been the case. Information is especially limited regarding pre-grant oppositions and compulsory licenses within the Indian context. The information sources I have found are often incomplete and unorganized. This endeavor is going to be tedious but I am highly motivated and excited to complete this project. 

I hope this post finds you all in good health and enjoying your internships!

posted by Nigel D'Souza  # 5:34 AM