The Supreme Court will hear final
arguments from in a key patent dispute between Swiss drugmaker Novartis and
India's patent office September 11.
The hearing, which is expected to last for at least two months, had been scheduled to being on Wednesday.
Novartis had first challenged the government in 2006 after its
patent application for Glivec (imatinib mesylate) was rejected.
The 2005 Indian Patent Law allows product patents but not for drugs which are mere modifications of already existing drugs. Besides challenging rejection of its patent application, the drug firm questioned the validity of the law itself, particularly Section 3(d).
The patent application of Novartis was rejected by the patent office on several grounds, including Section 3(d) that it is simply a new form of a known substance. The Madras High Court had ruled against Novartis saying that 'efficacy' under Section 3(d) would require Novartis to show an increase in therapeutic efficacy.
"The Novartis case is going to be a test case because it is seeking to interpret the law. Big drug multinationals want relaxed interpretation of the law so that they can get patent protection even for mere combinations of existing drugs or different formulations of the same drug whereas the Indian law provides protection only when there is need of therapeutic benefit for patients," explained Leena Menghaney of Medecins Sans Frontieres.
The case has further built
tensions between the Big Pharma and India , following a decision by the patent office in March to strip Germany's Bayer AG of its exclusive right to sell another costly cancer drug, Nexavar.
Western firms see huge potential in India's rapidly growing economy but are concerned over safety of intellectual property.
The case is of immense importance to Novartis as it needs certainty of laws if further investments are to be planned.
With inputs from Mail Today
PHOTO: Associated Press 
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