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Novartis loses patent case in India
Published in Bikya Masr on 01 - 04 - 2013

NEW DELHI: Swiss pharma major Novartis AG Monday lost a seven-year long legal battle for getting its blood cancer drug Glivec patented in India and to restrain Indian companies from manufacturing generic drugs, with the Supreme Court rejecting the multinational company's plea, Press Trust of India (PTI) reported.
Generic drug firms in India — long known as the “pharmacy to the developing world" — have been a major supplier of copycat medicines to treat diseases such as cancer, TB and AIDS for those who cannot afford expensive branded versions.
A Novartis win in the Supreme Court would have been “dire for people in the developing world who depend on generic drugs made in this country. It could seriously curb access", said Leena Menghaney, a lawyer with medical charity Medecins Sans Frontieres (MSF).
Doctors in India have told Bikyanews.com that they share the sentiments of MSF on the potential changes that could take place if the court rules in favor of the drug company.
“I have gone to work in clinics in Africa and without these cheaper medicines, people would die," said Dr. Mashal Hassan in New Delhi. “We need to ensure that all humanity have access to the best medicine at affordable prices and we should not allow the large companies to take advantage and make this about money."
But at the same time, he understands that with the lobbies across the world, keeping drugs cheaper could prove difficult.
“We see companies make pushes into the government and get their money going to them and not really helping people. It is a sad state of affairs in today's world," he added.
India's patent office has refused protection, asserting that the amended form of Glivec was not vastly different from the earlier version.
The challenge strikes at the heart of India's patent act, which restricts pharmaceutical companies from seeking fresh patents for making only small modifications to existing drugs — an industry practice known as “evergreening".
Novartis says the updated form of Glivec merits a patent, arguing that it is a significant improvement from the earlier version because it is more easily absorbed by the body.
BN


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