[Ip-health] Times of India: Novartis sues India over patent rejection

[Sheila.SHETTLE@geneva.msf.org]

Novartis sues India over patent rejection
Times Of India, Business, 21 December

NEW DELHI: In a first of its kind case, pharma MNC Novartis has sued the
Indian government and its patent law. Novartis had sought a patent for a
new
use for its cancer drug Gleevec, which was rejected by the Indian patents
office in January, on the ground that the drug was a new form of an old
drug, and therefore, not patentable under Indian law.

Novartis has moved the Chennai High Court challenging a key public health
safeguard of the Indian patent law which prevents grant of patents to
existing drugs in a new form, use or combination. This law, Section 3 (d)
prevents companies to obtain patents in India for medicines that are not
actual inventions, such as drug combinations, derivatives, new form or use,
or slightly improved formulations of existing medicines.

Novartis had filed two petitions - one, challenging the constitutional
validity of the law, and the second, challenging the Indian Patent Office.
This was six months after its patent application on the drug 'Gleevec was
rejected by the patent authorities'.

The section has been the basis of patent oppositions filed by patient
groups
and the generic industry. The implications of the petition, filed in May,
is
now assuming significance. In fact, legal experts have questioned the
jurisdiction of a pharma MNC suing the Indian government over a law that
was
passed by Parliament.

They also said that such a case should be taken up by the WTO dispute
settlement panel, and not in the high courts.
Novartis has claimed that Section 3(d) of the Indian Patents Act is not
compliant with the WTO rules outlined in the agreement on Trade-related
Aspects of Intellectual Property (TRIPS).

The case is coming up for hearing on January 29 before the division bench
of
Chennai high court. The petition has also been filed against domestic
generic companies such as Cipla, Ranbaxy, Hetero drugs and Natco Pharma,
and
the Cancer Patient Aid Association. Indian Pharmaceutical Alliance has
filed
an application as an intervening party, secretary general DG Shah said.

Public health agencies - such as Medecins Sans Frontiers - on Wednesday
asked Novartis to drop the case against the Indian government in an
international petition, saying that no company should stand in the way of
people's right to access the medicines they need.

+++++++++++++++++++++++
SIGN MSF'S 'DROP THE CASE' PETITION

Millions of people around the world today rely on affordable medicines
produced in India.  Pharmaceutical company Novartis is taking the Indian
government to court to force a change in the country's patent law.  If
Novartis wins, a major source of affordable medicines for millions of
people across the globe could dry up.

MSF is urging Novartis to DROP THE CASE.

Find out more and sign up to our petition:
http://www.msf.org/petition_india/international.html