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

Video Miami Cubans Divided on New US Policy

While older, more conservative Cuban Americans have promoted anti-Castro political movement for years, younger generations say economically, it is time for change More

2014 Sees Dramatic Uptick in Boko Haram Abductions

Militants suspected in latest mass kidnapping of over 100 people in Gumsuri, Nigeria on Sunday More

Video Cuba Deal Is Major Victory for Pope

Role of Francis hailed throughout US, Latin America - though some Cuban-American Catholics have mixed feelings 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.
Sudan School Becomes Target of Aerial Attacksi
X
December 19, 2014 12:45 AM
The school dropout rate is at an all-time high in Sudan's South Kordofan state because many schools have been destroyed during the three-year civil war between the government and SPLA-N rebel forces. Adam Bailes visited Sudan's Nuba Mountains' region and reports many children are simply too scared to go to school
Video

Video Sudan School Becomes Target of Aerial Attacks

The school dropout rate is at an all-time high in Sudan's South Kordofan state because many schools have been destroyed during the three-year civil war between the government and SPLA-N rebel forces. Adam Bailes visited Sudan's Nuba Mountains' region and reports many children are simply too scared to go to school
Video

Video VOA Reporter Tours Devastated Peshawar School

Islamist militants wearing military uniforms and strapped with explosives attacked a military run school Tuesday in the northwestern Pakistani city of Peshawar. At least 141 people were killed in the horrific attack, most of them young students. VOA reporter Ayaz Gul visited the devastated school and attended the funeral of the principal who courageously tried to save her students from the deadly attack.
Video

Video Nigerians Fleeing Boko Haram Languish in Camp Near Capital

In its five-year effort to impose Islamic law in northeastern Nigeria, the Boko Haram extremist group has killed thousands of people and forced hundreds of thousands to flee. Some of those who ran for their lives now live in squalor on the edges of the capital, Abuja. Chris Stein reports for VOA.
Video

Video Putin Says Russian Economy Will Emerge Stronger

Russian President Vladimir Putin has said his country's sinking economy will not only recover but also become stronger, despite falling oil prices and Western sanctions over Ukraine. VOA's Daniel Schearf reports.
Video

Video Detained Turkish Journalists Follow Teachings of US-Based Preacher

The Turkish government’s jailing of critical journalists has sparked international condemnation and is being seen as an effort to undermine the followers of an ailing Turkish preacher based in the United States. VOA religion reporter Jerome Socolovsky has more.
Video

Video ‘Anti-Islamization’ Marches Increase Tensions In Germany

Anti-immigrant rallies in Germany have been building in recent weeks, peaking Monday night in the city of Dresden where tens of thousands of people turned out to demonstrate against what they call the ‘Islamization’ of the West. Germany has offered asylum to more Syrian refugees than any other country, and this appears to have set off the protests. Henry Ridgwell reports from London.
Video

Video Aceh Rebuilt Decade After Tsunami, But Scars Remain

On December 26, 2004 there was an earthquake in the Indian Ocean so powerful it caused the Earth’s axis to wobble a few centimeters. Onshore on the island of Sumatra, the resulting tsunami was devastating. A decade later, VOA Correspondent Steve Herman reports from Banda Aceh, Indonesia, where although there is little remaining evidence of the physical devastation, the psychological scars among survivors remain.
Video

Video Refugees Living in Kenya Long for Peace in the Home Countries

Kenya is host to numerous refugees seeking safe haven from conflict. Immigrants from Somalia face challenges in their new lives in Kenya. Ahead of International Migrants Day (December 18) Lenny Ruvaga has more for VOA News from the Kenyan capital.

All About America

AppleAndroid