NOVARTIS PATENT CASE: A WIN-WIN SITUATION

The Supreme Court's judgment in the case of Swiss pharmaceutical major Novartis' patent for the cancer-fighting drug Glivec, has aroused mixed response throughout the world. Western pharmaceutical majors see a big hit, while the Indian counter parts making the generic version of the medicine, the Cancer Patients Aid Association etc see a victory. The Apex court ruled that the active ingredient, imatilib myselate, did not exhibit novelty and was a known compound even before Glivec came into existence, and hence patenting was ineligible. Despite having the same drug was patented in 40 odd countries, Novartis lost its patenting plea in India on technical grounds. Novartis sold the drug at Rs 120,000 per patient per month, While the Indian counterparts -- Cipla, Natco -- sold the generic version of the drug at a one-tenth price, around Rs 8,000 per patient per month. The judgment recognizes and highlights the right of patients to accessible and affordable medicine over profits of organizations.