Africa: Landmark Ruling in Medicine Patent Court Battle

1 April 2013

Cape Town — India's highest court has dismissed Swiss drug maker Novartis AG's petition seeking patent protection for a cancer drug, according to an Al Jazeera report.

The verdict is the final act in a long-running bid - started in 2006 - by the Swiss pharmaceutical company to overturn a key public health provision in India's patent law.

Novartis sought to challenge a law that bans the registration of patents for new drugs that are 'not radically different' forms of existing drugs, al Jazeera reports.

India is a leading manufacturer and supplier of generic medicines globally due to its strict requirements for registering patents.

"Although MSF has yet to analyse the text of the verdict, this appears to be the best outcome for patients in developing countries as fewer patents will be granted on existing medicines. Novartis's attacks on the elements of India's patent law that protect public health have failed. The Supreme Court's decision prevents companies from abusing the patent system to get unwarranted patents on existing medicines, to block price-busting generic competition on HIV and other essential medicines. This confirms that all patent offices in India have to use this interpretation and the law is now clear and must be strictly applied," Leena Menghaney, Médecins Sans Frontières Access Campaign Manager in India, has said.

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