[Ip-health] Indian Govt puts Novartis cancer drug on notice

[Ram]

>From The Times of India

Govt puts Novartis cancer drug on notice

PRIYA RANJAN DASH

The government is contemplating withdrawal of "exclusive marketing
rights" (EMR) granted in November 2003 to drugs major Novartis for its
anti-cancer medicine patented worldwide, commerce and industry
ministry officials said.

This follows the controversy over the high cost of the medicine, which
has allegedly rendered treatment unaffordable for thousands of cancer
patients in the country.

As the first step, the Controller-General of Patents (CGP) wrote a
letter on February 11 to the CMD of Novartis India, subsidiary of
Swiss MNC Novartis AG, asking the firm to explain its market behaviour
in terms of production and supply of the anti-cancer drug. Although
the letter does not say so, officials said government is thinking of
withdrawing EMR to check its misuse.

In the face of opposition from political parties, including Left
allies, UPA government brought out an Ordinance on December 25
providing world-class patent protection, including product patents in
drugs, chemicals and food. It is eager to show it'll be vigilant in
curbing misuse of patent rights, especially by MNCs. Novartis is first
instance where government is wielding stick to ensure access to
life-saving medicines are affordable under new patent regime.

CGP has sought info from Novartis on implementation of Madras HC order
that directed it to give anti-cancer drug free of cost to patients
with income below Rs 3.36 lakh a year. He sought data on whether
patient suffering from cancer approached the firm for the drug with
data on the production and supply of the medicine.

Generic medicines for chronic myeloid leukemia are said to have gone
out of market after Novartis was granted EMR for the drug in November
2003.

The generic drug manufacturers, anticipating product patent for
Novartis, stopped producing the drug. Cost of a month's dose of Glivec
was estimated at Rs 1.2 lakh, 10 times higher that the cost of generic
versions.