Supreme Court dismisses plea of Novartis for patent of cancer drug

April 1, 2013

New Delhi/Mumbai, Apr 1: The Supreme Court on Monday dismissed Swiss drugmaker Novartis AG's attempt to win patent protection for its cancer drug Glivec, a serious blow to Western pharmaceutical firms who are increasingly focusing on India to drive sales.

The decision also sets a benchmark for several intellectual property disputes in India, where many patented drugs are unaffordable for most of its 1.2 billion people.Novartis

India's domestic drugs market is the 14th largest globally, but with annual growth of 13-14 per cent and the world's second biggest population, it has massive potential at a time when traditional developed markets have slowed down.

The Supreme Court's landmark ruling is likely to affect several other companies and their branded medicines.

Pfizer Inc's cancer drug Sutent and Roche Holding AG's hepatitis C treatment Pegasys lost their patented status in India last year, and Monday's ruling will make it tougher for them to win back patent protection.

"Henceforth, multinational pharma companies are likely to want that their patents are first recognised in India before launch of a patented product," said Ameet Hariani, managing partner at Mumbai-based law firm Hariani & Co.

Novartis has previously said that it needs legal certainty if it is to plan further investment in drug research in India.

The ruling is a boost for healthcare activists who want the government to make medicines cheaper in a country where patented drugs constitute under 10 per cent of total drug sales.

Novartis has been fighting since 2006 to win a patent for an amended form of Glivec. In 2009 it took its challenge against a law that bans patents on newer but not radically different forms of known drugs to the Supreme Court.

India has refused protection for Glivec on the grounds that it is not a new medicine but an amended version of a known compound. By contrast, the newer form of Glivec has been patented in nearly 40 countries including the United States, Russia and China.

The Supreme Court decided that Glivec does not satisfy the "novelty" aspect, Pravin Anand, lawyer for Novartis, told reporters.

Shares in Novartis India Ltd, the Indian unit of the drugmaker, fell over 5 per cent after the verdict.

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News Network
June 23,2020

New Delhi, Jun 23: In an unexpected development, the pump price of diesel is all set to surpass the petrol price in the capital, making it the most expensive transport fuel for the first time in a long time.

Globally, diesel is priced slightly above petrol prices due to the very nature of the product that has a higher cost of production. But in India, due to the lopsided taxation structure, diesel attracts lesser of the tax between the two auto fuels keeping its prices lower than petrol for last several years.

Diesel is currently priced at Rs 79.40 a litre in the Capital, just 36 paise short of petrol price that is being retailed at Rs 79.76 a litre. Going by the trend of price movement in the two products for the last few days where diesel prices have consistently increased by 50-60 paise per litre while the daily increase in petrol prices have fallen to just 20 paise on Tuesday, it is set to surpass petrol prices in next few days.

"Diesel price movement is sharper in international market and if oil companies follow the global price trend, diesel prices will surpass that of petrol later this week. It will be after many years that this would happen and is expected to sustain for some time unless government changes the tax structure of the petroleum products again," said an oil sector expert from one of the big four audit and advisory firms asking not to be named.

Interestingly, even in India the base price of diesel is expensive than petrol. According to the Indian Oil Corporation (IOC), while the base price of petrol in Delhi currently comes to Rs 22.11 per litre, the same for diesel is higher at Rs 22.93 per litre (effective from June 16, 2020). This has been the case for a long time, but retail price of petrol can be higher than diesel due to central and state taxes.

What has now brought diesel prices to a whisker of petrol prices in the capital is the Delhi government's decision early May to increase the Value Added Tax on diesel from 16.75 per cent to 30 per cent and on petrol from 27 per cent to 30 per cent. This increased the retail price of diesel and petrol in Delhi by Rs 7.10 and Rs 1.67 a litre respectively. With Central taxes on the two products already reaching identical levels, the Delhi governments move hastened price parity between petrol and diesel.

Currently, the Central excise on petrol is Rs 32.98 a litre while that on diesel it is Rs 31.83 a litre. The VAT on petrol in Delhi is Rs 17.71 a litre and that on diesel is Rs 17.60 a litre.

While the movement of retail pricing is being seen with a sigh of relief by vehicle owners whose cars run on petrol, those buying the relatively expensive diesel cars are now repenting on their decision. The development is also being seen with caution by automobile companies who have spent millions to ramp up their facilities for diesel run vehicles. The expectation is that demand for such cars will now fall, causing more damage to companies where sales are already impacted due to persistent economic slowdown and now the spread of COVID-19 pandemic.

"The pricing development would push automobile companies to strategies being followed by companies in the western markets where diesel run cars are not sold on fuel pricing differential, but on overall make and quality that puts them ahead of petrol run cars," the expert quoted earlier.

Yes, but for commercial vehicle sector the rising price of diesel had not been welcomed. In fact, the commercial transport sector had time an again threatened strike against the move to raise fuel prices.

With petrol and diesel retail prices closing, the case for adultering fuel has also gone down much to the relief of vehicle owners.

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Agencies
June 12,2020

New Delhi, Jun 13: Ten days after recording two lakh COVID-19 cases, India surpassed the three lakh-mark on Saturday with the worst daily spike of 11,458 infections, while the death toll too climbed to 8,884 with 386 new fatalities, the Union Health Ministry said.

India took 64 days to cross the 1 lakh-mark from 100 cases, then in another fortnight it reached the grim milestone of two lakh cases. It has now become the fourth worst-hit nation by the pandemic with a caseload of 3,08,993, according to coronavirus statistics website Worldometer.

However, the Health Ministry said on Friday the doubling time of coronavirus cases has improved to 17.4 days from 15.4 days. And its data updated at 8 am on Saturday showed active cases at 1,45,779 and those who have recovered at 1,54,329; one patient has migrated.

"Thus, around 49.9 per cent patients have recovered so far," a ministry official said.

The total number of confirmed cases include foreigners.

Of the 386 new deaths, Delhi accounted for the highest 129 fatalities followed by Maharashtra 127. The virus is moving rapidly in Delhi, which for the first time reported over 2,000 cases on Friday, and Maharashtra, where the number of cases has crossed one lakh.

Gujarat reported 30 deaths, Uttar Pradesh 20, Tamil Nadu 18, West Bengal, Telangana and Madhya Pradesh 9 each, Karnataka and Rajasthan 7 each, Haryana and Uttarakhand 6 each, Punjab 4, Assam 2, Kerala, Jammu and Kashmir and Odisha 1 each.

Of the total 8,884 deaths, Maharashtra tops the tally with 3,717 fatalities followed by Gujarat with 1,415, Delhi with 1,214, West Bengal with 451, Madhya Pradesh with 440, Tamil Nadu with 367, Uttar Pradesh with 365, Rajasthan with 272 and Telangana with 174 deaths.

The death toll reached 80 in Andhra Pradesh, 79 in Karnataka, 70 in Haryana and 63 in Punjab. Jammu and Kashmir has reported 53 COVID-19 fatalities, Bihar 36 and Uttarakhand 21, Kerala 19, Odisha 10 and Jharkhand and Assam 8 each.

Chhattisgarh and Himachal Pradesh have registered 6 deaths each, Chandigarh 5, Puducherry 2, while Meghalaya, Tripura and Ladakh 1 each, according to the health ministry.

Maharashtra has reported the maximum number of cases at 1,01,141 followed by Tamil Nadu (40,698), Delhi (36,824), Gujarat (22,527), Uttar Pradesh (12,616), Rajasthan (12,068) and Madhya Pradesh (10,443).

The number of COVID-19 cases has gone up to 10,244 in West Bengal, 6,516 in Karnataka, 6,334 in Haryana and 6,103 in Bihar. It has risen to 5,680 in Andhra Pradesh, 4,730 in Jammu and Kashmir, 4,484 in Telangana and 3,498 in Odisha and Assam each.

Punjab has reported 2,986 cases while Kerala has 2,322 cases.

A total of 1,724 people have been infected by the virus in Uttarakhand, 1,617 in Jharkhand, 1,424 in Chhattisgarh, 961 in Tripura, 486 in Himachal Pradesh, 463 in Goa, 385 from Manipur and 334 in Chandigarh.

Ladakh has registered 239 COVID-19 cases, Puducherry 157, Nagaland 156, Mizoram 104, Arunachal Pradesh 67, Sikkim 63, Meghalaya 44 while Andaman and Nicobar Islands has registered 38 cases.

Dadar and Nagar Haveli and Daman and Diu together have reported 30 cases.

The ministry said 7,984 cases are being reassigned to states and "our figures are being reconciled with the ICMR". State-wise distribution is subject to further verification and reconciliation, it added.

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Agencies
June 16,2020

Mumbai, Jun 16: Saudi Arabia’s sovereign wealth fund, PIF, is all set to pick up a stake in Jio Platforms, which would complete 25% of Jio’s equity dilution to the investors, said a report by the Gulf News.

Jio Platforms is part of the Reliance Industries empire owned by Mukesh Ambani. The Public Investment Fund (PIF) will acquire 2.33% for an estimated $1.5 billion, the report said.

So far, Jio Platforms has raised investment from 10 different global investors in seven weeks, the latest being TPG Capital buying 0.93% equity for Rs 4,547 crore and private equity firm L Catterton picking up a 0.39% stake for Rs 1894.50 crore.

Jio Platforms has raised a total of Rs 1.04 lakh crore so far from leading global investors including Facebook, Silver Lake, Vista Equity Partners, General Atlantic, KKR, Mubadala, ADIA, TPG and L Catterton since April 22.

With PIF coming on board, Jio Platforms would have diluted 25% of its equity. That's the maximum they intend to dilute to financial investors, which includes Mark Zukerberg's Facebook.

Any new investors coming on board in future will have to be "strategic investors, a tech giant, for instance," said a source who was part of the deal-making process, the report said.

In recent days, Jio Platforms, which will merge telecom, content streaming, gaming and ecommerce features into its app, has seen Abu Dhabi's Mubadala and ADIA pick up significant stakes amounting to $1.2 billion and $750 million, respectively.

Reliance Industries' owner, Ambani, Asia's richest man, has been on an investor acquisition spree, with the likes of Facebook and private equity majors such as KKR and Silver Lake Capital investing in Jio Platforms.

The contours of the deal with Saudi Arabia's PIF was finalised during Ramadan. "It was always Mukesh Ambani's wish to have a special relationship with Saudi Arabia and the UAE," said Anshuman Mishra, a London-based confidante and family friend of the Ambani family of longstanding, Gulf News quoted as saying.

He has also worked extensively with Gulf sovereign wealth funds over the years.

"Saudi Arabia's coming in to close the financial investor round in Jio is indicative of the special nature of the relationship. This is also indicative of the multi-billion-dollar partnership announced last year with Saudi Aramco.

"This is a major success for the present Indian government's foreign policy initiative in the gulf and symbolic of India's significance in the GCC," it said.

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