Novartis’ Indian patent case delayed
pharmafile | August 23, 2012 | News story | Sales and Marketing | Glivec, MSF, Novartis, generics
Novartis’ court case against the Indian government has been put on hold until next month.
The case was suppose to be heard in August, but has been put back until 11 September as the Indian court looks to clear a backlog of other cases.
Novartis took the Indian government to court in 2006 to overturn a public health provision that stopped Novartis from being able to patent Glivec, which is licensed for certain types of blood cancer and GIST.
Novartis lost this case in 2007, but in 2009 launched a new case in the Indian Supreme Court – it is this that is to be heard next month.
The drug is currently available on the Indian market at a generic price, meaning it is more affordable for cancer patients. But this is eating into Novartis’ profits, and potentially setting up a worrying precedent for the firm.
The drug was sold at around £1,600 per patient per month in countries where Novartis had obtained a patent. In India, however, generic versions of Glivec are available for less than £130 per patient per month.
Novartis said in statement that the legal move is: “About protecting intellectual property to advance the practice of medicine, not about changing access to medicines.”
But campaigners believe that poorer patients will suffer and potentially die if the court finds in favour of Novartis, as they will no longer be able to afford the drug.
Médecins Sans Frontières (MSF), which has long campaigned against both court cases, believes the ramifications of a Novartis win would be felt beyond India’s borders.
“If Novartis won the case, patents would be granted in India as broadly as they are in wealthy countries and on new formulations of known medicines already in use,” it said in a statement.
MSF added: “Patents would be granted far more broadly in India, blocking the competition among multiple producers that drives prices down, and restricting access to affordable medicines for millions in India and across the developing world.”
Ben Adams
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