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India rejects Novartis challenge India rejects Novartis challenge
(29 minutes later)
An Indian court has thwarted efforts by Swiss pharmaceuticals firm Novartis to obtain a new patent for a variation of the same drug. An Indian court has ruled that Swiss pharmaceutical firm Novartis cannot obtain a new patent for a modification to an existing drug.
The firm's bid to patent anti-cancer drugs Glivec was rejected because it is a new form of an existing substance. The firm's bid to patent a new version of anti-cancer drugs Glivec was rejected by a Chennai court because it is a new form of an existing product.
Novartis said the decision by a Chennai court was "unconstitutional" and broke international laws. But it also said it was unlikely to make an appeal. Novartis said the ruling broke trade laws but that it was unlikely to appeal until the full judgement was delivered.
India fears that too many patents may threaten availability of cheap drugs.India fears that too many patents may threaten availability of cheap drugs.
The country has developed a range of generic drugs, affordable by the country's poor. If Novartis were to patent more drugs there are fears by advocacy groups that poorer people would not have access to such drugs, and would be priced out of the market. The country has developed a range of generic drugs, affordable by the country's poor.
The Swiss firm said that the ruling, which threw out its appeal, would have long-term negative effects on research into new drugs. Advocacy groups argue that if firms such as Novartis were able to patent more drugs, poorer people would not have access to such products as they would be priced out of the market.
The Swiss firm said that the ruling would have long-term negative effects on research into new drugs.
It argues that India's patent laws, passed in 2005, were inconsistent with World Trade Organization intellectual property laws.
"We disagree with this ruling however we likely will not appeal to the Supreme Court," said Ranjit Shahani, vice chairman and managing director of Novartis India.
"We await the full decision to better understand the court's position."