[Ip-health] Indian Govt asks novartis to withdraw patent challenge - Reuters news

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Govt asks Novartis to withdraw patent challenge
Tue Apr 10, 2007 4:25 PM IST

Reuters

By Kamil Zaheer

NEW DELHI (Reuters) - The government is "very concerned" that a challenge b=
y Swiss drug giant Novartis AG to local patent law could restrict the globa=
l supply of cheap anti-AIDS drugs, the health minister said on Tuesday.

"We urge Novartis to desist from this and withdraw from this," Anbumani Ram=
adoss told reporters in New Delhi.

Novartis has gone to the Madras High Court in Chennai against a law that bl=
ocks the patenting of minor improvements in known molecules.

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

"We are also very concerned about it," Ramadoss said, when asked if the out=
come of the court case could affect the supply of affordable anti-AIDS drug=
s from India.

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

But Ramadoss warned Novartis that New Delhi could be forced to overrule pat=
ents and issue licences for firms to produce vital drugs, if deemed in the =
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 chall=
enge against the Indian patent system.

It also ordered that another challenge by Novartis to a January decision th=
at rejected its patent application for a cancer drug, Glivec, be referred t=
o 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 i=
n the long-running war between multinational drug firms and humanitarian ca=
mpaigners, 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)

http://www.reuters.co.in/news/newsArticle.aspx?type=3DtopNews&storyID=3D200=
7-04-10T160317Z_01_NOOTR_RTRJONC_0_India-293721-1.xml&archived=3DFalse

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Leena Menghaney
Project Manager - India
Campaign for Access to Essential Medicines
Medecins Sans Frontieres
C 106 Defence Colony
New Delhi 110 014
Tel: +91 9811365412, +91 1124332419








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