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Novartis Patent: India Rejects Bid For New Cancer Drug Version
CP | By Nirmala George, The Associated Press Posted: 04/01/2013 1:40 am EDT | Updated: 04/01/2013 11:01 am EDT
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NEW DELHI - India's Supreme Court on Monday rejected drugmaker Novartis AG's attempt to patent a new version of a cancer drug in a landmark decision that health activists say ensures poor patients around the world will get continued access to cheap versions of lifesaving medicines.
Novartis had argued that it needed a patent to protect its investment in the cancer drug Glivec, while activists said the company was trying to use a loophole to make more money out of a drug that did not have a patent. The decision has global significance since India's $26-billion generic drug industry supplies much of the cheap medicine used in the developing world.
Pratibha Singh, a lawyer for the Indian generic drug manufacturer Cipla, which makes a version of Glivec for less than a tenth of the original drug's selling price, said the ruling sets a precedent that will prevent international pharmaceutical companies from obtaining fresh patents in India on updated versions of existing drugs.
The court ruled that a patent could only be given to a new drug, she told reporters outside the court.
"Patents will be given only for genuine inventions, and repetitive patents will not be given for minor tweaks to an existing drug," Singh said.
Novartis called the ruling a "setback for patients," and said patent protection is crucial to fostering investment in research to develop new and better drugs.
"We brought this case because we strongly believe patents safeguard innovation and encourage medical progress," said Ranjit Shahani, vice-chairman and managing director, Novartis India