The Supreme Court issued notices to the Centre and the Swiss drug major Novartis AG on a petition filed against the marketing rights of anti-cancer drug in India. The petitioner had alleged that granting of exclusive marketing rights (EMR) to Novartis would make the cost of Glivec, a sought after leukaemia therapy, unaffordable for patients.

Deferring a petition filed by Cancer Patients Aid Association (CPAA) for four weeks, a bench comprising Justices YK Sabharwal and DM Dharmadhikari also issued notices to the Drug Controller General of India, National Pharmaceutical Pricing Authority, Controller General of Patents and the Novartis India Ltd.

Imatinib meyslate, the active ingredient in Glivec is considered a wonder drug in the treatment of one of the deadly form of blood cancer-chronic myeloid leukaemia (CML).

The petition had alleged that with the grant of EMR to its innovator company, the price would go up to Rs 1,20,000 from Rs 4,000 at which the generic version of the drug now available in the market. As a result, an overwhelming majority of 24,000 patients who suffer from CML every year in India would die.

It said since EMR has been granted, the court would direct the authorities to fix the price of the drug under the Patents Act so that patients could afford it.