India patent law dispute spreads

Two simultaneous developments in India are bringing the issue of patent protection to the forefront. The court case involving Swiss drug major Novartis' challenge of Section 3(d) of the Indian Patent Amendment Act 2005 has resumed at the end of March. Meanwhile, the government-sponsored Mashelkar commission review of the same legislation appears to have descended into chaos with the resignation of its chairman, RA Mashelkar, following an allegation of plagiarism which has been exploited by his critics (Marketletter March 13).

Novartis chairman Daniel Vasella told shareholders in March that the firm would accept the verdict of the Chennai High Court which is expected in April. The firm's decision to appeal the January ruling by the Patents Office to reject an application for Glivec/Gleevec (imatinib) has been strongly criticized by local generic drugmakers and foreign anti-patent groups.