News / Asia

Swiss Company Loses Drug Patent Case in India

People gather at Novartis India headquarters in Mumbai April 1, 2013.
People gather at Novartis India headquarters in Mumbai April 1, 2013.
Anjana Pasricha
— In a landmark judgment, India’s Supreme Court on Monday rejected a patent for a cancer drug produced by a Swiss pharmaceutical company. The ruling is seen as a huge boost for availability of affordable drugs to treat deadly diseases, but a big blow to Western pharmaceutical companies fighting for more stringent patent protection in India, a hub for generic drugs.

The seven-year legal battle between Novartis and Indian authorities drew to a close Monday when the court said that the cancer-fighting drug Glivec did not satisfy the test of “novelty or inventiveness" required by Indian law to justify a patent.

Novartis sought a patent calling the updated version of Glivec a huge advance on the earlier drug. India, however, says Glivec is not a new drug but an amended version of a known medicine. Glivec is used to treat leukemia and is patented by many countries.   

A lawyer for the Cancer Aid Patients Association in New Delhi, Anand Grover, said India’s patent law is stricter than in many countries and only grants patents for genuine inventions.  “It does not allow new forms of known substances to be patented unless they are significantly more efficacious,” Grover stated.

The case is widely seen as a high-stakes battle between Western pharmaceutical companies that want a stricter patent regime in India and global health care activists fighting to safeguard the availability of affordable drugs produced by India’s thriving generic industry.

Health care activists are jubilant with the supreme court ruling. Doctors Without Borders says it protects public health and will ensure that millions of people across the globe are not cut off from a supply of affordable drugs used to treat deadly diseases like AIDS, tuberculosis and cancer.
   
“India produces 80 percent of the generic medicines that are used in lower and middle income countries," said Jennifer Kohn, medical director at Doctors Without Borders in Geneva. "In order for us to be truly to be able to access important life saving medicines to treat our patients, we need access to these lower cost generic versions.”

The price difference between generic and branded drugs is huge - a month’s dosage of branded Glivec, for example, costs about $ 2,500 compared to about $175 for generics in India.



Drug companies are discouraged by the ruling. Novartis has expressed concerns about India’s “growing non-recognition of intellectual property." Ranjit Shahani heads the India operations of the Swiss company.   

“It is not very encouraging and shows that the ecosystem to encourage innovation does not exist in India…we have seen that investments in R and D [research and development] centers since 2005, since we have had a patent law in place, all, every single one without exception has gone to China," Shahani explained. "So this gravitation of investment needs to come to India.”  

The court’s ruling is also a setback to other multinationals involved in patent disputes in India. India has not hesitated in allowing local production of expensive medicines.  Last year, it gave the go-ahead to a local manufacturer to make a generic version of a cancer drug made by Bayer, citing the need to make medicines available to people at affordable costs.

Multinational drug companies see the Indian law as a way of circumventing patent rights and argue inadequate patent protection will discourage innovators.

You May Like

Reports of Mass Murder on Mediterranean Smuggler’s Boat

Boat sailed from Libya with 750 migrants aboard and arrived in Italy with 569 More

Video New Thailand Hotline Targets Misbehaving Monks

Officials say move aims to restore country’s image of Buddhism, tarnished by recent high profile scandals such as opulent lifestyle, drug and alcohol abuse, as well as child sex abuse More

Study: Dust from Sahara Helped Form Bahama Islands

What does the Sahara have in common with a Caribbean island? Quite a lot, researchers say More

This forum has been closed.
Comment Sorting
Comments
     
by: Davis K. Thanjan from: New York
April 01, 2013 9:56 PM
The decision of the Supreme Court of India, not to allow patent for minor modifications of existing known medications, is good for the poor people who cannot afford exhorbitant price for certain medicines. Just because a few countries granted patent for a modified version of a known drug, does not mean that such patents are valid in many other countries. Every country has their own patent rules. There is need for a strict international clearing house of patents for pharmaceuticals, so that the pharmaceutical companies need not register the patents from country to country. The international patent should be valid in countries forming the international clearing house for pharmaceutical patents and acceptable to other countries. Many countries insist that the medicines should be tested in their countries, even if exhaustive research is done in other countries, adding the cost of pharmaceuticals everywhere.

The ten-fold difference in the price of patented pharmaceuticals can be reduced if the generic manufacturers or foreign patent holder can produce the drug locally in India. Yet the price difference is enormous. For example, the Vics Inhaler, manufactured by Vics (India), cost less than half a dollar in India. But the same Vics Inhaler manufactured in the US cost more than 5 dollars, about ten times difference, reflecting the very low cost of production and price countrol in India.

If the medicine is for treatment of rare diseases in few people, the cost of the pharmaceuticals will remain very high everywhere, because the pharmaceutical manufacturer has to recover the huge cost of research, development and manufacture from a few patients.

Without patent protection, no pharmaceutical company will spent millions of dollars, many times reaching billion dollar mark, in R & D to produce innovative medicine, especially for rare diseases in few patients and the cost of such medicines will remain high.

How many innovative effective medicines are discovered by India pharmaceutical compnies? India thrive on generic pharmaceuticals, but an effective innovative medicine from India is still far from the horizon.

Patent protection of pharmaceuticals is not an open voucher for the pharmaceutical manufacturers to charge exhorbitant price for medicines in any country.


by: licalgado from: Orlando, FL
April 01, 2013 12:57 PM
As it is thing, India is a free copy market.......

I think so, to pay, when the opportuny are come,... with the same medice. I bet the India complain about it.

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Astronauts Train in Underwater Labi
X
George Putic
July 25, 2014 7:25 PM
In the world’s only underwater laboratory, four U.S. astronauts train for a planned visit to an asteroid. The lab - called Aquarius- is located five kilometers off Key Largo, in southern Florida. Living in close quarters and making excursions only into the surrounding ocean, they try to simulate the daily routine of a crew that will someday travel to collect samples of a rock orbiting far away from earth. VOA’s George Putic has more.
Video

Video Astronauts Train in Underwater Lab

In the world’s only underwater laboratory, four U.S. astronauts train for a planned visit to an asteroid. The lab - called Aquarius- is located five kilometers off Key Largo, in southern Florida. Living in close quarters and making excursions only into the surrounding ocean, they try to simulate the daily routine of a crew that will someday travel to collect samples of a rock orbiting far away from earth. VOA’s George Putic has more.
Video

Video Not Even Monks Spared From Thailand’s Junta-Backed Morality Push

With Thailand’s military government firmly in control after May’s bloodless coup, authorities are carrying out plans they say are aimed at restoring discipline, morality and patriotism to all Thais. The measures include a crackdown on illegal gambling, education reforms to promote students’ moral development, and a new 24-hour phone hotline for citizens to report misbehaving monks. Steve Sandford reports from Bangkok.
Video

Video Virtual Program Teaches Farming Skills

In a fast-changing world beset by unpredictable climate conditions, farmers cannot afford to ignore new technology. Researchers in Australia are developing an online virtual world program to share information about climate change and more sustainable farming techniques for sugar cane growers. As VOA's Zlatica Hoke reports, the idea is to create a wider support network for farmers.
Video

Video Airline Expert: Missile will Show Signature on Debris

The debris field from Malaysia Airlines Flight 17 is spread over a 21-kilometer radius in eastern Ukraine. It is expected to take investigators months to sort through the airplane pieces to learn about the missile that brought down the jetliner and who fired it. VOAs Carolyn Presutti explains how this work will be done.
Video

Video Treatment for Childhood Epilepsy Heats up Medical Marijuana Debate

In the United States, marijuana is classed as an illegal drug by the federal government. But nearly half the states have legalized it, to some degree. Proponents say some strains of marijuana might have exceptional health benefits, for treating pain or inflammation in chronic conditions such as cancer, multiple sclerosis and epilepsy. Shelley Schlender reports on a strain of medical marijuana developed in Colorado that is reputed to reduce seizures in childhood epilepsy
Video

Video Airbus Adds Metal 3D Printed Parts to New Jets

By the end of this year, European aircraft manufacturing consortium Airbus plans to deliver the first of its new, extra-wide-body passenger jets, the A350-XWB. Among other technological innovations, the new plane will also incorporate metal parts made in a 3-D printer. VOA's George Putic has more.
Video

Video AIDS Conference Welcomes Exciting Developments in HIV Treatment, Prevention

Significant strides have been made in recent years toward the treatment and prevention of HIV, the virus that causes AIDS. This year, at the International AIDS Conference, the AIDS community welcomed progress on a new pill that may prevent transmission of the deadly virus. VOA’s Anita Powell reports from Melbourne, Australia.
Video

Video IAEA: Iran Turns its Enriched Uranium Into Less Harmful Form

Iran has converted its stockpiles of enriched uranium into a less dangerous form that is more difficult to use for nuclear weapons, according to the United Nations’ Atomic Energy Agency. The move complies with an interim deal reached with Western powers on Iran's nuclear program last year, in exchange for easing of sanctions. Henry Ridgwell reports for VOA from London.

AppleAndroid