Novartis and NGOs, optimistic about the verdict in patent case

New Delhi, Mar 6, 2007. - The Swiss company Novartis and the NGO Doctors Without Borders today expressed optimism about the upcoming announcement of the verdict of the trial in a Court of Chennai facing the pharmaceutical with the Indian government to prevent a drug patent leukemia.
The Tribunal adjourned the meeting scheduled for today because the trial judge was ill, and summoned both sides to hold another hearing on March 26, a date that could finally produced the announcement of the date of the judgment.
"The next 26 the Court will decide when is the verdict. Here we discuss, first, the constitutionality of the law, and on the other, the decision on patents. Anyway, whoever wins now, the case will end with an appeal to the Supreme Court, "said Leena Menghaney Efe, MSF spokeswoman in India.
Novartis has claimed a section of Indian law prohibits the patenting of drugs that are not strictly innovations, a clause that the Government of New Delhi introduced years ago as a result of pressure from activist groups.
The drug for which the Swiss company decided to go to court is the "Glivec", a drug used to treat a type of leukemia and in India is manufactured as a generic.
According to Novartis, patents are crucial to create incentives for research and development of better medicines, hence calls into question the validity of section 3d of the Indian patent law, by which new licenses only get the products differ significantly from substances already registered.
From the Novartis headquarters in Bombay, spokeswoman Svetlana Pinto said by telephone Efe that the company, defended the case by former Indian Minister of Justice Shanthi Bhushan, is "optimistic" with the outcome.
However, Novartis's request has raised strong opposition from organizations such as MSF, who have warned that if the court rules in favor of the drug, the more difficult to manufacture generic drugs that are treated with many people in the Third World .
"A decision in favor of Novartis would affect many developing countries studying to pass similar laws in India, with a logical interest in drug development sustainable," said Menghaney.
NGOs in Chennai had reported the low profile of the representatives who defend the government's position in the case, in contrast to experts who defend Novartis, which the representative of Doctors Without Borders blamed today that the government "not serious about the case. "
"The drugs were reported in India as" an essential good ", and so far we were happy with the position of the country. Patent law is an opportunity for countries to save their people, because the molecules are patented and innovation, "said Meghaney.
Although, according to Indian television network NDTV, a favorable ruling would affect Novartis increased prices of 9,000 medicines, MSF spokeswoman was, as the representative of Novartis, "optimistic" about the next outcome of case.
India, where a quarter of the population lives below the poverty line, is one of the few developing countries able to produce quality essential medicines, and these drugs are among the cheapest in the world.
In the case of Glivec, patients pay about 120,000 rupees a month (about 2,100 euros) for treatment, in contrast to the 8,000 rupees (135 euros) per month cost of treatment with generics.
In a statement released Feb. measured, Novartis had claimed that the "Glivec" is offered free to 99 percent of Indian patients who need it, while generic versions reach in India "a price about 4.5 times the average annual salary. "

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