Novartis patent law challenge in India

Swiss drug major Novartis is bringing a law suit in India to challenge the patent law that the drugmaker argues, "could leave millions without access to affordable drugs," the on-line edition of Switzerland's Neuen Zuercher Zeitung reports. A 2005 patent law specifically excluded compounds developed before 1995, which India's authorities claim includes leukemia drug Glivec/Gleevec (imatinib). Generic drugmakers in India are able to produce copycat versions of the drug for less than 10% of the $2,600 per month treatment cost of the branded version.

However, Novartis points out that it supplies the drug free of charge to thousands of low-income patients in India. Although the Swiss firm states that it will continue to help poorer patients, whatever the trial's outcome, Paul Herrling, Novartis' head of corporate research, said: "if the patent law is undermined the way it is happening in India, there will be no more investment into the discovery of life-saving drugs."

Pere Pons, of the Swiss branch of Medecins sans Frontieres, told NZZ On-line that "the consequence of a ruling in favor of Novartis would be fewer and fewer drugs on the market. In the long term, it would kill competition from generic drugs." A spokesman for the International Federation of Pharmaceutical Manufacturers and Associations said that India's patent law is "very positive news," but "it needs to be tweaked."