Novartis faces Indian government in patent battle

Millions of people in poor countries will be unable to afford treatment for life-threatening diseases if pharmaceuticals giant Novartis wins a court case this month, according to medical aid agency Médicins Sans Frontières (MSF).

Novartis started legal action against the Indian government last year over India’s refusal to grant patent rights for the anti-cancer drug Glivec, on the grounds that the treatment was just a new form of an old product.

Novartis says India breached World Trade Organization (WTO) rules, which give producers patent protection for a minimum of 20 years. MSF and India say that when it comes to medicine access the Doha declaration on public health gives countries the right to implement WTO rules as they see fit. Judgement is expected from the court in India on 29 January.

Indian legislation limiting patent rights to only the newest medicines has created a flourishing market in cheap generic drugs traded across the developing world. MSF says that if Novartis wins it will force India to change the rules and only expensive patented drugs will be available.

MEPs Dorette Corbey, Margrietus Van den Berg, Caroline Lucas, Carl Schlyter and Anne Ferreira will join MSF at the European Parliament on Tuesday (23 January), calling on EU governments and the European Commission to ask Novartis to drop its case.

MSF hopes this will lead to a repeat of events in 2001, when it says European pressure forced 39 pharmaceutical companies to drop a similar medicines access case in South Africa.

But Carrie Scott from Novartis International said tougher patenting laws would not leave developing countries without access to cheap medication.

"This is not about patient access", said Scott. "With our well-regarded record in social responsibility, we are surprised that some groups are confusing the issue in India."

She said 99% of patients in poor countries receive Glivec free from Novartis, through multi-million euro ‘access to medicine’ projects.

Millions of people in poor countries will be unable to afford treatment for life-threatening diseases if pharmaceuticals giant Novartis wins a court case this month, according to medical aid agency Médicins Sans Frontières (MSF).