[Ip-health] Reuters: India asks Novartis to withdraw patent challenge

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  http://www.alertnet.org/thenews/newsdesk/DEL227077.htm

  By Kamil Zaheer


  NEW DELHI, April 10 (Reuters) - India is "very concerned" that a challeng=
e by Swiss drug giant Novartis AG <NOVN.VX> to local patent law could restr=
ict the global supply of cheap anti-AIDS drugs, its health minister said on=
 Tuesday.


  "We urge Novartis to desist from this and withdraw from this," Anbumani R=
amadoss told reporters in the Indian capital.


  Novartis has gone to the Madras High Court in the southern Indian city of=
 Chennai against a law that blocks the patenting of minor improvements in k=
nown molecules.


  India is a key source of cheap generic medicines, and advocacy groups wor=
ry that millions of poor people could lose access to key drugs if Novartis =
succeeds in its challenge.


  "We are also very concerned about it," Ramadoss said, when asked if the o=
utcome of the court case could affect the supply of affordable anti-AIDS dr=
ugs from India.


  The Swiss pharmaceutical firm has argued that a tightening of intellectua=
l property laws would increase investment for developing more drugs, and sa=
ys the Indian patent system stifles innovation.


  But Ramadoss warned Novartis that New Delhi could be forced to overrule p=
atents and issue licences for firms to produce vital drugs, if deemed in th=
e public interest.


  "India has not used compulsory licensing so far," he said.


  "So we shouldn't be pushed towards that."


  Last week, the Madras High Court reserved its verdict on the Novartis cha=
llenge against the Indian patent system.


  It also ordered that another challenge by Novartis to a January decision =
that rejected its patent application for a cancer drug, Glivec, be referred=
 to an appellate board.


The application was turned down because the drug was a new form of a known =
substance.
On the wider patent challenge, Medicins Sans Frontieres has said tens of th=
ousands of people being treated for AIDS would suffer if the Swiss firm won=
 its legal battle in India.
  The closely watched case in the Madras High Court has become a key battle=
 in the long-running war between multinational drug firms and humanitarian =
campaigners, who say "big pharma" is putting patents ahead of patients.


India is home to the world's largest population living with HIV/AIDS, an es=
timated 5.7 million people. (Additional reporting by Manjusha Chatterjee)

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