[Ip-health] Novartis challenges Indian Patent Law

[msfh-india-medco-assist]

After India's patent law changed in 2005 to become TRIPS compliant, Novartis
patent application for Imatinib Mesylate 'Gleevec' a life saving cancer drug
came up for examination. Novartis patent application was rejected by the
Chennai Patent office for being merely a 'new form of an old drug' which
under Section 3(d) of the Indian Patent Act is not patentable.

Now Novartis has now filed two cases against the Government of India and the
Cancer Patients Aid Association (CPAA). It has challenged the rejection of
its patent application. It has also challenged Section 3(d) of the Indian
Patent Act in a separate case as violative of the TRIPS Agreement and of the
Indian Constitution. The case came up for hearing today in the Madras High
Court and was adjourned to the 13th of September

Imatinib Mesylate or Gleevec is a crucial cancer drug essential in
prolonging the life of patients suffering from Myeloid Leukemia (Blood
Cancer). It is produced and marketed internationally by Novartis and various
Indian generic pharmaceutical companies like Ranbaxy, Natco, Cipla and
Hetero. Novartis sells 'Gleevec' at Rs. 1,20,000 ($ 2500) per patient per
month while generic versions of 'Gleevec' in the India are priced at about
Rs. 8,000 ($ 175) per patient per month. CPAA and other cancer groups
provide the more affordable generic versions of 'Gleevec' to Indian cancer
patients.

Leena Menghaney
Project Manager-India
Campaign for Access to Essential Medicines
Medecins Sans Frontieres - Holland (in India)
Tel: 9811365412, +91 11 24337225, + 91 1151552413
Fax:  +91 11 24336834
E-mail: msfh-india-medco-assist@field.amsterdam.msf.org