Novartis pleads for cancer medicine patent

In a move that could have widespread ramifications, global pharma major Novartis pleaded before the Indian Supreme Court for patent of cancer medicine, Glivec.

The hearing of a patent case filed by Novartis began in the court on Tuesday. The case has the potential of changing the healthcare sector of the country for ever. Novartis' win will deal a serious blow to the generic manufacturers who have been supplying bulk of the medicines required by India and poorer countries.

Novartis lawyer Gopal Subramanium told the apex court, "We are giving something new to the patients", while arguing in the favor of providing patent protection to Glivec. The drug is used for treatment of gastrointestinal cancers and chronic myeloid leukaemia. It is expected that the hearing will go on for at least two months.

Drug makers waryr
Quite significantly, even the $12 billion drug industry in India is not attractive enough for most global pharma majors. The reason behind this loss of love being the kind of protection granted by the central government and a maze of complex regulations. Generic medicines account for over 90 percent of medicinal sales in the country.

Earlier, Novartis was denied patent for Glivec on the grounds that it had nothing new to offer as it was found to be an amendment of an existing compound. Stung by the refusal, Novartis filed a case in the Supreme Court.

Implications for Novartisr
Global annual sales of Glivec make the company richer by $4.7 billion. India, however, accounts for a fraction of its global sales. So, if financial setback is not the concern, why has case gained so much importance and traction? Novartis' loss would confirm India being a mountain to climb for innovators when it comes to patents, it is learnt.

A win, on the other hand, would mean that Glavic will not be easily accessible. This could prove to be hazardous for Indian pharma industry, which supplies cheap drugs within the country and abroad.

Looks like someone has to swallow the bitter pill. Ouch!