The Novartis Case - A Victory for Public Health
In 2005, cancer patient groups in India used Indian intellectual property law to stop a patent application by Swiss company Novartis for its anti-cancer drug, Glivec (an important drug that means the difference between life and death for cancer patients suffering from leukemia (CML), stomach tumors, and other conditions) This allowed Indian companies to continue making generic versions at about $2,700 a year, as opposed to Novartis having a monopoly priced version for sale at about $27,000 a year.
Novartis appealed the decision in a direct challenge to India's right to use safeguards contained in trade rules agreed by the WTO in 2001 in the interests of public health. However, Novartis recently appealed and challenged India's right to interpret intellectual property rules in a way that protects the public health of its citizens.
On 5 August 2007 an Indian court ruled against novartis challenge to India's right to interpret intellectual property. This decision is a huge victory for public health and the developing work. The decision will protect India's special role as the world's leading provider of affordable medicines to the poor. If Novartis had won the case, it would result in patents being given for drugs that are merely small modifications of existing ones, and stop generic competition.
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