Cipla approaches government for
revocation of five patents held by Novartis:
Cipla
Ltd, one of the generic drug makers of India has approached the government to
revoke 5 patents held by Novartis, a Swiss drug making company for the drug
used to treat chronic obstructive pulmonary disease (COPD) marketed by Novartis
as Onbrez (indacaterol).
The Department of Industrial Policy and Promotion (DIPP) has started investigation
of this demand. Cipla has alleged the following:
a. That Novartis holds the
Patents since 2008, but instead of manufacturing the medicines in India, it has
been importing negligible quantity leading to shortage of the same in India.
b. That the import for the year
2013 as declared by Novartis in the Patent office is a meagre 53,844 units
which do not satisfy even 4,500 patients annually. The shortage is more than
99.97 per cent
c. That Cipla believes that it
has the potential to manufacture adequate quantities of the drug and make the
same available in the country.
d. That Cipla estimates more than
15 million Indians are afflicted with the disease
e. That Novartis’ product is over
400 per cent more expensive than Cipla’s product.
Cipla
has approached the Government under Section 66 of the Patents Act which is
reproduced below:
66. Revocation of
patent in public interest.—Where the Central Government is of opinion that a
patent or the mode in which it is exercised is mischievous to the State or
generally prejudicial to the public, it may, after giving the patentee an
opportunity to be heard, make a declaration to that effect in the official
Gazette and thereupon the patent shall be deemed to be revoked.
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