By: Sharon Urias, Esq.
A decision by India’s Supreme Court last month was hailed by health activists, but looked upon as a deterrent to medical research in India by a major drug company.
Novartis AG had attempted to patent an updated version of the cancer drug Glivec as the company argued it needed the patent to protect its investment. However, the India Supreme Court in a landmark decision ruled that a patent could only be given to a new drug, not a drug that was slightly different from the original.
Health activists were thrilled with the court’s ruling saying the ruling ensures poor patients around the world will still be able to have access to generic versions of lifesaving medicines.
India has a $26 billion generic drug industry, which not only supplies generic drugs to India, but other developing countries around the world as well. Generic drug companies are able to produce drugs at a much lower cost than the original manufacturer because they do not carry out the expensive research and development of the drug.
Novartis is a Swiss pharmaceutical giant who has been fighting to patent a new version of Glivec in India since 2006. Glivec is used to fight leukemia and is known as Gleevec outside India and Europe and is patented in forty countries.
The Indian court claimed Novartis was “ever greening”, which is a practice for obtaining fresh patents by making minor changes to existing drugs. The company denied these claims arguing the new version of Glivec was more easily absorbed and therefore was qualified for a patent.
The Cancer Patients Aid Association led the legal fight against Novartis and the group’s lawyer stated, “This is a good day for cancer patients.”
Novartis, however, called the ruling a “setback for patients,” and feels the ruling has made India an even less attractive country for major investments by international pharmaceutical companies and will hinder medical drug research, as well.
(Original article no longer found on nbcnews.com)
