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Why don't you reduce cancer drug price, SC asks Novartis
Tuesday September 11, 2012 10:31:29 PM,
IANS
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New Delhi: Pharma major Novartis AG Tuesday said it
was the author of beta crystalline, a form of a compound used in
an anti-cancer drug, while the Supreme Court asked the company why
it could not reduce its medicine's price.
"Why don't you reduce the price ... that will be a better and
stronger way of establishing your bonafides of helping the poor,"
the court said, adding: "Rs.1.2 lakh per month is too high to
afford a treatment."
The company was asserting its claim for getting a patent for the
compound form in India and its exclusive marketing rights.
An apex court bench of the Justice Aftab Alam and Justice Ranjana
Prakash Desai was told that Novartis AG developed the beta
crystalline form of imatinib mesylate, which is used for the
treatment of the chronic mycloid leukemia.
Senior counsel Gopal Subramanium, who appeared for the Novartis,
told the court that imatinib mesylate was known as a compound but
its efficacy as an anti-cancer drug was not known and was
discovered by the company in its beta crystalline form.
The company said the cancer treatment medicine was intended to
kept within the reach of the poor patients and a large number of
poor patients were being provided with the cancer treating
medicine free of cost.
As Justice Alam said: "You have no legal obligation (of proving
free medicine)", Subramanium replied: "I have commitment and
responsibility." However, counsel said that he would take
instructions on the query by the court.
Justice Alam asked Novartis: "I am surprised that you can reduce
the price and knock out your competitors" and yet you were not
adopting that course.
"There are some constraints when it comes to pricing," Subramanium
said adding that Novartis was a corporate entity with stake
holders.
Novartis challenged in the apex court the Intellectual Property
Appellate Board's (IPAB) decision which held that beta crystalline
form of imatinib mesylate was an invention but did not agree to
grant patent for it.
Subramanium told the court that its medicine which was being
marketed by the trade name of "Gleevec" had been patented in 35
countries including by the US.
As Justice Alam observed "this is a difficult country", Novartis's
counsel Subramanium said: "I don't think so".
Subramanium told the court that Novartis was not fighting legal
battle for the sake of money but as a matter of honour. "The
purpose of this case is not for money but the vindication of
honour."
The court was told that a large number of poor patients were being
provided with the cancer treating medicine free of cost.
The court asked Subramanium what was the guarantee that if
Novartis' prayer was allowed then it would continue with its
scheme of providing free cancer treatment medicine to deserving
patients.
"It is not intended to be kept out of reach of the poor,"
Subramanium said.
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