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Novartis Lawsuit Against India
In 2006, an Indian court ruled that imatinib mesylate, sold by Novartis as Glivec in India, is not patentable under India's patent law, because it is a new form of a known substance. Novartis responded by taking the nation of India to court, charging that its revised patent law violates its international commitments under the WTO TRIPS Agreement, as well as the Indian Constitution. Health advocates fear that a success for Novartis will limit the availability of future generic medicines from India - which is currently a major supplier of generic drugs for the world's poor. On August 6, 2007, the Madras High Court rejected Novartis' challenge of the Indian patent law. The company announced that it is unlikely to appeal the ruling.
Text of the Madras High Court Judgement
PIJIP Documents and Events
Novartis Documents
- Novartis Concerned Indian Court Ruling Will Discourage Investments in Innovation Needed to Bring Better Medicines to Patients.
- Novartis AG v. Union of India: Affidavit Filed on Behalf of the Petitioner
- An open letter from Novartis regarding the Glivec legal challenge in India
- The Novartis Perspective: Improving Indian patent law helps patients and societies
Government Documents
- Novartis case Statement of the Indian Ambassador at the European Parliament
- Letter from five Members of the European Parliament to Novartis CEO Daniel Vasella
- Letter from Rep. Henry Waxman to Novartis Chairman and CEO Daniel Vasella
- Written Declaration on the Novartis Trial Against the Indian Government
- Letter from five Senators to USTR
Civil Society Analysis
- MSF Press release: Indian Court Ruling in Novartis Case Protects India as the ‘Pharmacy of the Developing World '
- Lawyers Collective, HIV/AIDS Unit, New Delhi, Analysis
- Médecins Sans Frontières /Doctors Without Borders Statement
- Health GAP Analysis by Brook Baker
- American Enterprise Institute Column by Roger Bate
Open Letters to Novartis
- Joint letter from 91 organizations to Novartis CEO Daniel Vasella
- Joint NGO Statement at Opening of Court Case
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