In a significant judgement, Supreme Court of India Monday rejected a plea by Swiss drugmaker Novartis AG to get its blood cancer drug ‘Glivec’ patented in India.
New Delhi, April 1/Nationalturk – In a significant judgement having far reaching consequences, Supreme Court of India Monday rejected a plea by Swiss pharma giant Novartis AG to get its blood cancer drug ‘Glivec’ patented in India.
Glivec, used in treating chronic myeloid leukemia and some other cancers, costs a patient about Rs 1.2 lakh (Indian currency) per month, much higher than price of Rs 8000 of the generic drug.
The Supreme division bench comprising Justices Aftab Alam and Ranjana Prakash Desai while delivering the key judgement said Novartis’ claim for patent is being rejected as the new drug does not meet any standard for ‘novelty’ or ‘inventiveness’. “It was an old molecule, hence the drug can’t get repeated patent protection in India”.
The judgement, which has the potential to change the direction of India’s pharmaceutical business, said the drug failed to qualify for a patent according to Indian law.
The case dates back to 2006 when Novartis’ application for a fresh patent in India for its cancer drug imatinib mesylate was rejected by the Indian patent office. Later, the company approached the Supreme Court challenging the order of Intellectual Property Appellate Board (IPAB), which rejected its appeal against patent department’s decision on Glivec. Some Indian pharmaceutical companies and social organisations had also approached the apex court against Novartis claiming that the multinational company is making an attempt to “evergreen” its patent right.
Verdict serious blow to Western pharma firms
The verdict is a serious blow to Western pharmaceutical firms, which are increasingly focusing on India to drive sales. The big pharma companies had been pushing for stronger patent protection in India to regulate the country’s USD 26 billion generic drug industry, which they say often flouts intellectual property rights
The Apex Court judgement is welcome news for health aid groups, who had been supporting the production of generic version of lifesaving drugs.
Several health aid groups including Doctors Without Borders were of the opinion that India is the ‘pharmacy of the world’ as cheaply made Indian generics are a lifesaver for millions of patients in poor countries who cannot afford to pay Western prices to treat diseases such as cancer, malaria and HIV.
It is pertinent to mention here that in 2012, India had revoked patents granted to Pfizer Inc’s cancer drug Sutent, Roche Holding AG’s hepatitis C drug Pegasys, and Merck & Co’s asthma treatment aerosol suspension formulation. They were all revoked on grounds that included lack of innovation.
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Faiz Ahmad / NationalTurk India News
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