Health

MSF Starts Petition against Novartis’ Legal Challenge in India

SciDev.net reports that Médecins Sans Frontières has launched a petition against the court case by Novartis against the Indian government (see previous post for details of the case).

Aid organisation Médecins Sans Frontières (Doctors Without Borders) is collecting signatures against a lawsuit filed by pharmaceutical company Novartis. The court case is scheduled for 29 January in Madras.

This is a landmark case as it is the first legal challenge on the new TRIPS-compliant patent law of India, enacted after 2005. Here is what is at stake:

Indian law does not recognise patents for derivatives or combinations of existing drugs, which has led to a lucrative trade in generic drugs. Over half the antiretroviral drugs used in developing countries are made by Indian companies.

It is feared that if Novartis wins its case, the number of available generics will plummet.

This is an interesting development. MSF was previously successful in forcing big pharma to withdraw a similar challenge against South Africa related to the use of antiretrovirals. However, here the situation is slightly different as the domestic landscape may not be united against Novartis. India’s pharma industry today is split into generic manufacturers and those investing in R&D to collaborate with big pharma. This latter section may prefer stronger patent protection of the kind wanted by Novartis. So, where does Indian pharma stand on this issue?