At a time when multinational innovator drug companies and global pharma associations cry hoarse over the intellectual property regime in India, GlaxoSmithKline (GSK), the second largest pharma firm in the world, remains confident over the country?s patent scenario. Ironically, GSK’s stand comes against the view of the Pharmaceutical Research and Manufacturers of America (PhRMA), the body that represents the leading pharmaceutical research and biotechnology companies in the US, of which GlaxoSmithKline is a member.
GlaxoSmithKline CEO Andrew Witty told FE, “We are confident about the intellectual property regime in India. We don’t think there would be a dramatic change in the drug pricing system, once the innovative drugs are protected with patents.” Prices in India are low and will remain low in the future though the drugs are patent protected. Prices depend on the markets, he added. Last year, the Indian Patent Office (IPO) reported filing of eight post-grant opposition applications under section 25 (2) of the Patents Act, 1970. The post-grant opposition can be filed against any granted Indian patent within 12 months from the date of publication of grant.
One of the major opposition was made by Cipla against GlaxoSmithkline’s Indian patent for anti-cancer drug, Tykerb (lapatinib) Following the rejection of Novartis’ plea by Madras High Court, against Chennai Patent Office’ decision to reject its patent application for cancer drug, Glivec, Billy Tauzin, president and CEO, PhRMA had said, “As a result of Section 3(d), and the Indian High Court’s decision to let it stand, the current Indian law fails to recognise these important benefits for Indian patients and reduces incentives for companies to research and develop these advances in medical technology.” PhRMA members alone invested an estimated $50.3 billion in 2008 in discovering and developing new medicines.
Early this month, the Supreme Court admitted a plea by German major Bayer AG to stop Cipla from launching the low-cost version of Bayer’s patented cancer medicine Nexavar. Bayer appealed to the apex court after the Delhi High Court division bench dismissed the German firm’s appeal last month.