drug patent in landmark Indian cancer drug patent Novartis
denied cancer drug patent in landmark Indian case Indian supreme court has refused to allow one of the world's
leading pharmaceutical companies to patent a new version of a cancer drug, a
decision campaigners hailed as a major step forward in enabling poor people to
access medicines in the developing world.
Specifically, the decision allows Indian makers of generic
drugs to continue making copycat versions of the drug Gleevec, which is made by
Novartis. It is spelled Glivec in Europe and elsewhere. The drug provides such
effective treatment for some forms of leukemia that the Food and Drug
Administration approved the medicine in the United States in 2001 in record
time.
The ruling will also help India maintain its role as
the world’s most important provider of inexpensive medicines, which is critical
in the global fight against deadly diseases. Gleevec, for example, can cost as
much as $70,000 a year, while Indian generic versions cost about $2,500 a year.
In the United States, companies can get a new patent for a
drug by altering its formula or changing its dosage. The companies contend that
even minor improvements in medicines — changing a pill dosage to once a day
instead of twice a day — can have a significant impact on patient wellness. But
critics say a majority of drug patents given in the United States are for tiny
changes that often provide patients few meaningful benefits but allow drug
companies to continue charging high prices for years beyond the original patent
life.
But Novartis said the decision "discourages future
innovation in India". Ranjit Shahani, the firm's vice-chairman and
managing director in India, said the ruling was "a setback for patients
that will hinder medical progress for diseases without effective treatment
options".
The statement will come as a good news for Indian government
which had come under attack from Big Pharma, although it maintained that the
decision was in line with the Indian patents law and was aimed at checking
"evergreening" and keeping drug price affordable. Data shows that the
MNCs may be making unnecessary noise as Novartis alone had received close to
150 patents in India, while Roche topped the list of medicine patents that add
up to over 160
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