Apr 03 2013
Reuters: U.S. trade office reviewing India’s Supreme Court drug ruling
(Reuters) – The United States said on Tuesday it was considering its response to an Indian Supreme Court ruling that U.S. drug manufacturers warn is the latest sign of a “deteriorating” environment for intellectual property rights in the country.
“We are … reviewing the Court’s order. We look forward to continued engagement and successful collaboration with India on these issues,” said Andrea Mead, a spokeswoman for the U.S. Trade Representative’s office.
India’s top court on Monday dismissed Swiss drugmaker Novartis AG’s attempt to win patent protection for its cancer drug Glivec in a victory for Indian manufacturers of cheap generics.
The U.S.-India Business Council on Tuesday joined other U.S. business groups in criticizing the ruling, which bodes badly for other drug companies including Pfizer and Roche Holding AG, which have ongoing disputes in India.
“Over 40 countries including China, Russia and Taiwan have already granted a patent for Novartis’ Glivec and India now stands out as unique for not granting a patent to this incremental innovation,” the council said in a statement.
“The denial of the Glivec patent may now exclude from patentability many other significant inventions in the pharmaceuticals area,” the council said in a statement.
Pharmaceutical Research and Manufacturers of America (PhRMA) said on Monday it was “very disappointed” with the ruling that Glivec was not different enough from previous versions of the drug to warrant patent protection.
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