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SC dismisses Novartis plea for patenting anti-cancer drug Glivec

2 04 2013 Supreme Court today dismissed Swiss pharmaceutical chain Novartis AG’s petition seeking patent protection for its anti-cancer drug, Glivec (Imatinib mesylate). The court has also dismissed plea of the multinational pharma company to restrain Indian drug firms from manufacturing generic drugs.
The apex court bench of Justices Aftab Alam and Ranjana Prakash Desai dismissed with cost Novartis’ plea challenging the Intellectual Property Appellate Board’s decision declining the plea for patent of the drug that is used in the treatment of chronic myeloid leukaemia and malignant gastrointestinal stromal tumours. The patent right for the drug was denied to Novartis in 2006 by the Chennai-based Intellectual Property Appellate Board.
The legal battle for the patent of the blood cancer drug is being closely watched by international pharmaceutical firms. Novartis had been fighting a prolonged legal case for the patent of Glivec, a cost effective drug. Winning such a patent would have barred Indian firms from manufacturing generic drugs.
Commerce and Industry Minister Anand Sharma today hailed the Supreme Court’s judgment dismissing Novartis AG’s petition seeking patent protection for its anti-cancer drug as historic. He said the judgment reaffirms the position of the Indian law and provisions of section 3(d) which mandates the need for a substantive innovation while deciding on a case for grant of a fresh patent. Sharma told reporters in New Delhi, Indian Patent Law is fully in conformity with International obligations under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement. Swiss pharma major Novartis on Monday said it will not invest on research and development in India and move Research and Devolpment, R &D to favourable destinations following the Supreme Court order rejecting its patent plea on cancer drug Glivec. TheVice-Chairman and Managing Director Ranjit Shahani said at a press conference in Mumbai that company will move R&D investments to favourable estinations. He added that company will, however, keep filing Patent applications for innovative products and continue to invest in India but cautiously.

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