Govt puts Novartis cancer drug on notice
PRIYA RANJAN DASH
TIMES NEWS NETWORK[ TUESDAY, FEBRUARY 15, 2005 11:26:52 PM ]
NEW DELHI: The government is contemplating withdrawal of "exclusive marketing rights" (EMR) granted in November 2003 to drugs major Novartis for its anti-cancer medicine patented worldwide, commerce and industry ministry officials said.
This follows the controversy over the high cost of the medicine, which has allegedly rendered treatment unaffordable for thousands of cancer patients in the country.
As the first step, the Controller-General of Patents (CGP) wrote a letter on February 11 to the CMD of Novartis India, subsidiary of Swiss MNC Novartis AG, asking the firm to explain its market behaviour in terms of production and supply of the anti-cancer drug. Although the letter does not say so, officials said government is thinking of withdrawing EMR to check its misuse.
In the face of opposition from political parties, including Left allies, UPA government brought out an Ordinance on December 25 providing world-class patent protection, including product patents in drugs, chemicals and food. It is eager to show it'll be vigilant in curbing misuse of patent rights, especially by MNCs. Novartis is first instance where government is wielding stick to ensure access to life-saving medicines are affordable under new patent regime.
CGP has sought info from Novartis on implementation of Madras HC order that directed it to give anti-cancer drug free of cost to patients with income below Rs 3.36 lakh a year. He sought data on whether patient suffering from cancer approached the firm for the drug with data on the production and supply of the medicine.
Generic medicines for chronic myeloid leukemia are said to have gone out of market after Novartis was granted EMR for the drug in November 2003.
The generic drug manufacturers, anticipating product patent for Novartis, stopped producing the drug. Cost of a month's dose of Glivec was estimated at Rs 1.2 lakh, 10 times higher that the cost of generic versions.
