[Ip-health] Supreme Court dismisses Novartis AG plea for patent of cancer drug Glivec

Yoke Ling yokeling at twnetwork.org
Mon Apr 1 00:26:40 PDT 2013

congrats to all for the hard work! 

can you do a quick atilce??

On Apr 1, 2013, at 2:17 PM, Gopa Kumar wrote:

> Supreme Court dismisses Novartis AG plea for patent of cancer drug Glivec
> *Reuters* Posted online: Mon Apr 01 2013, 11:03 hrs
> *New Delhi : *Supreme Court dismissed Swiss drugmaker Novartis AG's attempt
> to win patent protection for its cancer drug Glivec, a serious blow to
> Western pharmaceutical firms who are increasingly focusing on India to
> drive sales.
> The decision also sets a benchmark for several intellectual property
> disputes in India, where many patented drugs are unaffordable for most of
> its 1.2 billion people, 40 percent of whom earn less than $1.25 a day.
> India's domestic drugs market is the 14th largest globally, but with annual
> growth of 13-14 percent and the world's second biggest population, it has
> massive potential at a time when traditional developed markets have slowed
> down.
> The Supreme Court's landmark ruling is likely to affect several other
> companies and their branded medicines.
> Pfizer Inc's cancer drug Sutent and Roche Holding AG's hepatitis C
> treatment Pegasys lost their patented status in India last year, and
> Monday's ruling will make it tougher for them to win back patent protection.
> "Henceforth, multinational pharma companies are likely to want that their
> patents are first recognised in India before launch of a patented product,"
> said Ameet Hariani, managing partner at Mumbai-based law firm Hariani & Co.
> Novartis has previously that said it needs legal certainty if it is to plan
> further investment in drug research in India.
> The ruling is a boost for healthcare activists who want the government to
> make medicines cheaper in a country where patented drugs constitute under
> 10 percent of total drug sales.
> Novartis has been fighting since 2006 to win a patent for an amended form
> of Glivec. In 2009 it took its challenge against a law that bans patents on
> newer but not radically different forms of known drugs to the Supreme Court.
> India has refused protection for Glivec on the grounds that it is not a new
> medicine but an amended version of a known compound. By contrast, the newer
> form of Glivec has been patented in nearly 40 countries including the
> United States, Russia and China.
> The Supreme Court decided that Glivec does not satisfy the "novelty"
> aspect, Pravin Anand, lawyer for Novartis, told reporters.
> Shares in Novartis India Ltd, the Indian unit of the drugmaker, fell over 5
> percent after the verdict.
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