Why was Novartis suing the Indian Government?
Novartis applied for a patent in India for the cancer drug imatinib mesylate, which the company markets under the brand name Gleevec/Glivec in many countries. In January 2006 the patent was rejected on the grounds that the drug was a new form of an old drug, and therefore was not patentable under Indian law. Novartis sought to have the patent decision overturned so that it could sell Gleevec at the same price in India as in other countries. In other countries where Novartis has obtained a patent, Gleevec is sold at $2,600 per patient per month. In India, generic versions of Gleevec are available for less than $200 per patient per month. Novartis was challenging a provision in India’s Patents Act that restricts patenting of medicines to innovations. This provision made it more difficult for companies to obtain patents on changes to combinations of drugs or slightly improved formulations of existing drugs. Novartis claimed that this provision was not compliant with WTO rules and with the
