Ahead of the hearing of patent litigation for its anti-cancer drug Glivec in Supreme Court later this month, Swiss drug major Novartis has said the outcome of the case will determine if it could continue to invest in drug development in India.
Stating that patents provide an incentive to the pharmaceutical industry to invest in the development of new medicines, the company said the case will be crucial for innovators having or wanting to have a presence in India.
Commenting on the case, the Novartis India Vice-Chairman & Managing Director, Mr Ranjit Shahani, told PTI: ““Novartis is seeking clarity on whether we can rely on patents in India and whether we as a research—based organisation can continue to invest in the development of better medicines for India.”
Novartis, which had obtained exclusive marketing rights for Glivec in India in 2003, is challenging a ruling of Intellectual Property Appellate Board (IPAB) that struck down the company’s patent claims.
“The ruling is important for all innovators, national and global, having a presence or wanting to have a presence in India. This is about safeguarding incentives for better medicines so that patients’ needs will be met in future,” he added.
Emphasising on the need for patent protection, Mr Shahani said: “Without patents there will (be) no research and without research there will be no innovator drugs, which in turn will mean no generics. This will be to the overall detriment of healthcare and the patient.”
Countering criticisms that Novartis in indulging in ’evergreening’ of Glivec patent, he said there has been a misconception that the drug is based solely on a patent that was granted in 1993.
He said Glivec, whose chemical name is imatinib mesylate, is one of the major medical breakthroughs of the 20th century and has revolutionised the way certain cancers are treated.
“Glivec has been granted a patent in 40 countries, including China, Russia, Taiwan and all major developed countries. There is only one Glivec,” Mr Shahani said.
On being asked that there is an apprehension shared by many people that victory of Novartis in this case could lead to making this and other life saving medicines costlier and reducing their access the company said it is not the fact.
“It is important to note that Indian generic drugs launched before 2005 will continue to be available, including medicines for HIV/AIDS and generic versions of Glivec,” he added.