[Ip-health] The court cases of Novartis against the Indian & Korean government

[Leena Menghaney]

Novartis, the Swiss multinational pharmaceutical company, has filed lawsuits
against the Korean and Indian governments challenging measures to protect
public health and increase access to affordable medicines for patients.

In Korea, Novartis has legally challenged the government's decision to lower
the price of imatinib (GleevecR) procured from Novartis by the National
Health Insurance scheme for patients with chronic myeloid leukemia (CML).
CML patients need to take imatinib for the rest of their lives, as the drug
controls but does not cure the cancer. Each 100mg tablet costs the National
Health Insurance scheme approximately US$20.

In India, Novartis has filed a legal challenge before the Supreme Court on
how Section 3(d) is interpreted and applied by Indian courts and patent
offices, after its appeal for a patent on imatinib mesylate was rejected by
the Intellectual Property Appellate Board. Section 3(d) was inserted into
the Patent Act, 1970 to act as a measure against evergreening (the patenting
of known medicines).

If Novartis succeeds in weakening the interpretation of 3(d), it could in
effect take much of the substance out of the public health provision, and
open up patenting of known medicines including those that are already used
in the treatment of drug resistant TB, AIDS and cancer.

The case is the latest in a series of legal proceedings launched by Novartis
challenging public health safeguards in India's patent law and will be heard
in the coming months.

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Leena Menghaney
Medecins Sans Frontieres
Campaign for Access to Essential Medicines
New Delhi
Tel: +91 11 46573731, +91 11 46573730