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Novartis: A Swiss Drug Co. with a interest in Roche
waldron - Wed, 20 Dec 06 :
Novartis Ag Novartis urged by medical charity to drop Indian patent challenge UPDATE
(Updating with Novartis comments)
GENEVA (AFX) - People who rely on generic drug treatments face "disastrous
consequences" if Novartis succeeds in overturning a ban on a patent application
in India, international humanitarian organisation Doctors Without Borders (MSF)
warned, urging Novartis to drop its case.
Novartis's application for a patent for its Glivec cancer drug was rejected
by the Indian patent office in January 2006, but the company appealed that
decision in the High Court.
It is also challenging Article 3D of India's new patent law, which does not
grant patents for modifications to existing drugs.
MSF said it had written to Novartis CEO Daniel Vasella to request a meeting,
but this had not been granted. MSF said if the ban is overturned, this could
have a major impact on India's booming generic drugs industry.
Generics are cheaper legal copies of a branded drug where the patent has
lapsed or been lifted.
"India is one of the most vital sources of generic drugs. 80 pct of our AIDS
treatment generic drugs are coming from India," MSF's general director for
Switzerland, Christian Captier, told journalists.
Captier's colleague, Tido von Schoen-Angerer, added that if Novartis wins,
"this would have disastrous consequences on access to medicines, because it
would make it much easier to get patents granted".
In response, Novartis said its decision to take legal action in India stands
firm.
"We strongly disagree with the contention of Medecins Sans Frontieres that
this legal action will adversely impact access to affordable medicines in the
developing world," a spokesman of the group said adding that this was an issue
about patent protection and not access to medicine.
"Generics would not solve the challenge of improving access - a year's
treatment with a generic version of Glivec in India would be 4.5 times a
person's annual average income," he said.
Novartis currently provides Glivec for free to more than 99 pct of those who
need this medicine in India - over 6,500 patients -- while neither the Indian
government nor generic companies are providing access programs for this
medicine, Novartis said.
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