Novartis appeals to Supreme Court for patent protection

Novartis appeals to Supreme Court for patent protectionGlobal pharmaceutical major, Novartis AG has approached the Supreme Court of India in order to ensure the patent protection of its cancer drug, Glivec in the country.

Many believe that the outcome of this high profile patent battle will determine the prospects of several global pharmaceuticals companies in India who are distressed about the Indian government’s move to promote generic versions of medicines.

The verdict in the care will determine how much protection will be given to foreign companies against local Indian firms that excel in production of generic medicines. Novartis’ legal battle with the indicant government began when the authorities decided not to grant patent to the company six years ago.

India became the first developing nation to allot a compulsory license verdict under the WTO-TRIPS agreement when it granted permission to Indian pharmaceutical firm, NATCO to copy Bayer’s cancer drug Nexavar. The move resulted in bringing down the price of medicine by about 97 per cent.

India has become a leading producer of generic medicines in the world as the authorities decided not to give patent protection in India. Even as the country passed patent laws in 2005, it uses the provision for ‘compulsory licences’ with in the WTO-TRIPS agreement that is designed to help developing nations get access to cheaper medicines.