Novartis warns of ‘negative consequences’ of court ruling on drug development

Novartis has claimed that a recent court ruling in India will have adverse consequences on the future of research and development into novel medications both nationwide and internationally.

The court has dismissed a petition from the firm which had challenged the constitutionality of Section 3(d) – a constituent part of Indian patent law that excludes incremental innovation and the magnitude of adverse effects.

Novartis had claimed that this provision results in Indian patients being denied the opportunity to benefit from new and improved medication.

Paul Herrling, head of corporate research at Novartis, said: “Medical progress occurs through incremental innovation.

“If Indian patent law does not recognize these important advances, patients will be denied new and better medicines”

He added that there are clear inadequacies in the provisions of patent law in India.

Novartis reports that it will probably not appeal to the Supreme Court to appeal this ruling, stating that it will wait upon the full decision of the court to better understand the position taken, while claiming that the incident has sparked “essential” debate on the issue.

In May 2007, Novartis announced that it had taken legal action to protect its intellectual property rights regarding Lotrel – its single-tablet orally-administered high blood pressure medication, obtaining a restraining order to prevent Teva Pharmaceuticals shipping a generic formulation of this drug.