India's Supreme Court does not allow cancer drug, Glivec, patent protection. In response, Novartis said that this "discourages future innovation in India".
Glivec (imatinib mesylate) is recognized as a life-saving cancer drug. Patents for Glivec have already been granted in China, Russia and Taiwan. A patent was denied in India on the grounds that the crystalline structure of the mesylate salt of imatinib was a new form of a known substance.
A lot of controversy surrounds this matter. Some critics say that a statement by Novartis that it provides Glivec free of charge to 0.95% of Indian patients is skewed and deceiving. Activists see the verdict as a victory for patients' right to cheap medicines.
Lately, other pharma companies such as Gilead Sciences, Pfizer and Roche have suffered patent defeats in India. As a consequence, big pharma may become reluctant to invest in India.
Conflicts such as these, between big pharma and activists, are nothing new. Hopefully, in future, some middle ground will be found to benefit both sides.
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