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 10,2020

New Delhi, Jun 10: India on Wednesday reported a spike of 9,985 more COVID-19 cases in the last 24 hours, taking the country's COVID-19 count to 2,76,583, according to the Union Ministry of Health and Family Welfare.

279 deaths were reported in the last 24 hours taking the total death toll to 7,745.

The total number of active cases has reached 1,33,632 while 1,35,205 patients have recovered. While one person has migrated.

With 90,787 cases, Maharashtra reported the highest number of coronavirus cases in the country followed by Tamil Nadu with 34,914 cases.

According to the Indian Council of Medical Research (ICMR), 1,45,216 samples were tested in the last 24 hours while overall 50,61,332 samples have been tested so far.

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News Network
January 28,2020

Jehanabad, Jan 28: Anti-CAA activist Sharjeel Imam, who was on the run after sedition charges were slapped against him for allegedly making inflammatory statements, was arrested from Bihar's Jehanabad district on Tuesday, the state's police chief Gupteshwar Pandey said.

The JNU scholar was wanted by police of several states, including Uttar Pradesh, Assam, Manipur, Arunachal Pradesh and Delhi.

"Sharjeel Imam has been arrested from his native Kako village in Jehanabad," Bihar's director-general of police Gupteshwar Pandey said.

Earlier in the day, Sharjeel Imam’s brother was picked up by police in a fresh attempt to trace the anti-CAA activist.

Police had raided his ancestral home on Sunday as it went hunting for him but Imam eluded the dragnet.

He is likely to be produced in a Bihar court where police will seek his remand for questioning. It is not yet clear whether he will be questioned in Bihar or taken to the national capital.

A graduate in computer science from IIT-Mumbai, Imam had shifted to Delhi to pursue research at the Centre for Historical Studies at Jawaharlal Nehru University.

He was slapped with a sedition case after a video of his purported speech went viral on social media in which he was heard speaking about "cutting off" Assam and the Northeast from the rest of India.

"If five lakh people are organised, we can cut off the Northeast and India permanently. If not, at least for a month or half a month. Throw as much 'mawad' (variously described as pus or rubbish) on rail tracks and roads that it takes the Air Force one month to clear it.

"Cutting off Assam (from India) is our responsibility, only then they (the government) will listen to us. We know the condition of Muslims in Assam....they are being put into detention camps," he was shown in the video as saying.

Meanwhile, reacting to Imam's arrest, Bihar chief minister Nitish Kumar said people have the right to protest but nobody can talk about the country's disintegration.

Kumar told reporters that police must have acted in accordance with law in arresting Imam and now the courts will take appropriate action.

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Agencies
May 9,2020

New Delhi, May 9: The Supreme Court on Friday agreed to consider a plea raising the issue of mass termination and the illegal salary cut of employees in IT/ITES/BPO/KPI by their employers during the lockdown due to the spread of the coronavirus.

A bench comprising Justices Ashok Bhushan, S.K. Kaul and B.R. Gavai, taking up the matter through video conferencing, agreed to examine the issue and listed it for May 15.

The petition, argued by senior advocate Devadatt Kamat, was filed by National Information Technology Employees Sena (NITES) through advocate-on-record Amit Pai, and sought implementation of directions issued by the Centre on March 29 and similar advisories issued by several other states mandating payment of wages/salaries to the employees and also directed not to terminate them during the period of lockdown.

A directive was issued by the Union Ministry of Labour and Empowerment to all Chief Secretaries of state governments to issue advisories to public and private companies to not lay off employees or implement pay cuts during lockdown.

In the Centre for Monitoring Indian Economy (CMIE) report published on April 19, it was noted that "several companies across the country have started to terminate its employees without any reasonable cause and have started withholding their salaries. It is submitted that in such testing times, the rights of the employees ought to be protected by necessary orders/directions to the companies through the Respondents to effectively implement the lockdown and to contain the spread of the virus", said the plea.

On March 29, the Centre issued an order directing all states and Union Territories to issue orders, requiring all the employers in the industrial sector and shops and commercial establishments to pay wages on the due date without any deduction during their closure due to the lockdown.

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