The final arguments in the controversial imatinib mesylate (Glivec) case between the Swiss pharma major Novartis AG and the Union of India & Others have come to an end in the Supreme Court of India, it is learnt.
The final arguments came to an end after 12 weeks of hearing in the case in the Supreme Court. After several adjournments during the last more than couple of years, the final argument in the case was commenced on September 11 this year, with representatives for Novartis being the first to present their arguments before the apex court. During the hearings, the two judges presiding over the case heard arguments from Novartis as to why they deserved a patent on the mesylate salt of the blood and intestinal cancer drug imatinib. In recent weeks, the judges heard the counsel for the Indian government, and then representatives for the Cancer Patient Aid Association on arguments to defend India’s stricter patentability criteria that discourages patenting of new forms of known medicines.
The Supreme Court case, between Novartis and the government of India, is the final act in a legal battle that stretches back to seven years over India's future capacity to produce low-cost generic medicines for its people, and for patients in other developing countries. In this long pending case, Novartis is challenging Section 3(d) of India's Patents Act which prohibits 'evergreening' - the practice of multinational pharma companies to extend their patent terms by making small and trivial changes to existing molecules and thereby preventing manufacture of generic drugs.
"With this precedent-setting case nearing its end, we sincerely hope that the integrity and intention of India's patent law, and section 3d in particular, is upheld. India's ability to continue production of affordable medicines for the developing world depends a great deal on the country's patentability standards and how they are interpreted by the courts in India. We will now wait for the judges' verdict to be released,” said Leena Menghaney, access campaign manager India, Médecins Sans Frontières (MSF).