インドの最高裁は、スイスの製薬会社のNOVARTISの共通同種薬品(generico)の特許侵害を認めず。反癌剤(anticancerigeno)のGlivec(2000ユーロ )の共通同種薬品は156ユーロ。
India salvaguarda su condición de farmacia de los pobres
El Supremo niega una patente a Novartis por falta de innovación
La sentencia sienta precedente como aval para el comercio de los genéricos
Ana Gabriela Rojas Nueva Delhi 1 ABR 2013 - 21:04 CET
India pharmacy safeguards its status of the poor
The Supreme Court denied a patent to Novartis for lack of innovation
The ruling sets precedent as collateral for trading in generics
Ana Gabriela Rojas New Delhi 1 ABR 2013 - 21:04 CET
Swiss drugmaker Novartis has lost the legal battle for the patent in India for its anticancer Glivec, which is sold at 2,000 euros compared to 156 of the generic equivalent. The Supreme Court has refused to grant him for "lack of innovation", ie because improvements in medicine given by the laboratory are not important enough to justify it. The ruling, the first of the high court in a case of this nature, is a setback for corporate interests and support for generic manufacturers. By reducing the chances of a product patent on the "real innovation", is allowed to come to market generic versions.
India is known as the pharmacy of the poor for its production of generic drugs cheaper. Provides 92% of those using HIV patients or 60% of malaria treatment in the developing world. Governments, UN agencies and NGOs are its customers, because, for example, that in 2000 antiretrovirals cost up to 9,000 euros per person per year, are now available in generic for about 50 euros.
Activists in India have welcomed the result. "They have failed Novartis attacks in Indian patent law that protect public health. The Supreme Court decision will help companies do not abuse the system for unjustified patents that prevent generic competition has low prices on essential drugs, as for HIV, "says the manager of the campaign for access to medicines MSF India, Leena Menghaney.
moreNovartis uses Indian patent law to maintain a unique anticancer drugAn Indian court dismisses the application for Novartis against the Indian patent lawWhat is at stake in the battle of Glivec
Indian pharmaceutical industry also welcomed the decision, which is "a relief for patients, as several Indian generic companies such as Cipla, Ranbaxy and Natco, may continue to sell this medicine at least 10% of product cost Novartis "according to a statement from the Indian Pharmaceutical Alliance. "The difference in price is stratospheric," says Yogendra Sapru of the Cancer Patients Association.
Novartis said after the ruling, which will continue its policy of not investing in research and development in China, but "with caution" and that will continue to seek patents, as said the director of Novartis India, Ranjit Shahani. Throughout the trial, the Swiss company has insisted that no patent may not invest in the development of new medicines. Until 2005, India did not grant patents, but, by its commitments to the World Trade Organization, some regulations have been established. "However, in its patent law established a series of safeguards that prevent drug abuse the system," MSF said in a statement. The law states that no modifications are patentable existing drugs, a practice known as "greening patent", which aims to extend the monopolies.
"It is true that the trial's outcome will affect investment in research and development companies, who only want to renew their old make money without patents and innovation," said Anand Grover, counsel for the defense and the Patients Association with Cancer.
In the Indian Pharmaceutical Alliance claim that since 2005 the multinational investment in developing India has been very limited. "In addition, the real innovation will not brake: all that is being avoided is to extend patents for products not substantially improved," says its director, Dilip Shah. With 1,200 million people, India is a very large market for drugs, the fourteenth in the world, and is growing at over 15% annually. "No company can afford to ignore this market, so they have to adapt and, for example, make alliances with local industry," he says.
The case has been closely watched around the world by the pharmaceutical industry, NGOs and patients because precedent: will patent medicines less than an innovation. Drugmaker Pfizer, seeking a patent for anticancer and Roche, who wants exclusivity for a drug that treats hepatitis C, have lost patent last year and have filed appeals. After today's result, is less likely to recover, analysts say.
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