Novartis loses patent battle in SC over its cancer drug Glivec

While a one-month dose of Glivec costs around Rs1.2 lakh generic drugs, manufactured by Indian companies, for the same period are priced at Rs8,000

Swiss pharma major Novartis AG today lost a seven-year long legal battle for getting its blood cancer drug Glivec patented in India and to restrain Indian companies from manufacturing generic drugs, with the Supreme Court rejecting the multinational company’s plea.

 

A bench of justices Aftab Alam and Ranjana Prakash Desai dismissed the claim of the Swiss firm for getting exclusive rights for manufacturing the cancer drug on the ground that a new substance has been used in the medicine.

 

The judgement, which was keenly watched by pharma companies across the world, will clear hurdles coming in the way for the manufacture of generic drugs in India for cancer patients.

 

While a one-month dose of Glivec costs around Rs1.2 lakh generic drugs, manufactured by Indian companies, for the same period are priced at Rs8,000.

 

Advocate Pratibha Singh, appearing for Indian drug firms Ranbaxy and Cipla which had opposed Novartis’ plea, said that the judgement is a victory for Indian companies as they can now manufacture cheaper drugs so long as there is no patent over a medicine.

“Patents will now be granted only for genuine inventions and not on repetitive inventions. The Supreme Court said there was no new invention in the Novartis' drug,” she said.

 

She also said there should be no fear that foreign firms would be affected with the verdict since as long as they have genuine inventions, patents will be given to them.

 

In its judgement, the apex court also held that “imatinib mesylate” used in Glivec is a known substance and Novartis can’t claim patent over the drug for using this chemical.

 

Novartis had approached the Supreme Court in 2009 against the order of Chennai-based Intellectual Property Appellate Board (IPAB), which had rejected its claim for patent.

 

The multinational company (MNC) had applied for patent in 2006.

 

Novartis' claim was opposed by Indian pharma companies, which are manufacturing generic drugs, as well as by health aid activists in the apex court.

 

They had claimed that the MNC is not entitled for patent and it is indulging in “ever-greening” of patent by simply changing the composition of the ingredients of the drug.

 

Ever-greening of patent right is a strategy allegedly adopted by the innovators having patent rights over products to renew them by bringing in some minor changes such as adding new mixtures or formulations. It is done when their patent is about to expire.

 

A patent on the new form would have given Novartis a 20-year monopoly on the drug.

 

Earlier, the Comptroller General of Patent and Design had denied patent to Glivec on several grounds including its alleged failure to meet stipulations under Sections 3(d) and 3(b) of the Indian Patent Law.

 

Section 3(d) restricts patents for already known drugs unless the new claims are superior in terms of efficacy while Section 3(b) bars patents for products that are against public interest and do not demonstrate enhanced efficacy over existing products.

 

During the arguments earlier, Novartis had tried to dispel the impression that its drug would be beyond reach of poor cancer patients due to its high cost.

 

“The purpose is not to make money from the poor. This is not the purpose, but am I not entitled for patent for our drug? We are fighting the case on principle,” senior advocate Gopal Subramanium, appearing for Novartis, had said.

 

He had submitted that there should be no cause of concern that the poor would not get treatment and had claimed that 85% of such patients are treated free under its scheme.

User

India’s manufacturing output growth falls to 16-month low in March

Constant power cuts weighed on the manufacturing sector. Moreover, the volume of incoming new work increased at the slowest pace in 16 months and export orders expanded at the slowest pace in seven months

The country’s manufacturing sector witnessed the slowest rate of expansion in 16 months in March as power outages hampered production activity and decline in new business orders, according to observations made by an HSBC survey.

 

The HSBC India Manufacturing Purchasing Managers’ Index (PMI)—a measure of factory production—stood at 52 in March down from 54.2 in February.

 

Constant power cuts weighed on the manufacturing sector. Moreover, the volume of incoming new work increased at the slowest pace in 16 months and export orders expanded at the slowest pace in seven months, HSBC said.

 

Though the index has remained above the 50 mark, below which it indicates contraction, for more than three years now.

 

The PMI reading for March showed that manufacturing operating conditions in the country has improved at slowest rate since November 2011.

 

“Manufacturing activity lost momentum in March, with output growth slowing notably on the back of a deceleration in new orders and power outages,” HSBC chief economist for India & ASEAN Leif Eskesen said.

 

India’s current account deficit hit a record 6.7% of GDP in December quarter to $32 billion on account of surge in oil and gold imports, besides weak exports, according to data released last week.

 

Eskesen further noted that output could get a lift in coming months as inventories are replenished. Inventories of finished goods were depleted to meet demand, partly due to the output disruptions caused by power cuts.

 

Meanwhile, HSBC said even as input as well as output prices increased at a moderate pace during March, the scope for further monetary policy easing remains ‘limited’.

 

“Encouragingly, input and output price inflation eased.

 

“Even so, the scope for further monetary policy easing remains limited,” Eskesen said.

User

How to get justice from errant service or goods providers?

Redressal of consumer complaints can entail approaching the insurance ombudsman, the consumer courts and even taking help of social media, RTI and police complaints. There are options available today to build pressure on errant service or goods providers so that they do the needful

 

A letter from Mohan Siroya, chairperson of the Consumer Complaints Cell, gives three examples of consumer power success using the help of the insurance ombudsman, Right to Information (RTI), social media activism and police complaints. Today, justice will be served if you are persistent in your efforts to pursue the errant service or goods provider. A consumer court may not be able to help in the absence of the postal address, but alternate means exists.


Case 1: A senior citizen was hospitalized in Seven Hills Hospital, Mumbai. New India Assurance Company refused to pay the claim of Rs12,148 submitted in August 2010. It argued about the lack of the original hospital bill/receipt, even though the insured provided documentary proof of having submitted the same. The insurer wrote a letter to the hospital asking for certain documents, including the hospital bill. It was but natural for the hospital to write the word ‘Duplicate’ on the bill as the original was already issued at the time of discharge. The insurer refused to accept this and declined to reimburse the claimed amount.
 

In the complaint to the insurance ombudsman, there was a claim of not only the claim amount but also‘compensation’ for undue delay in not settling/refusing to settle the claim on a flimsy or false ground and deliberate “mental torture” caused to a senior citizen. The ombudsman passed an award granting not only of the claimed amount, but also a penalty of Rs2,000, directly favouring the complainant in settlement within three working days, failing which  a fine of Rs500 would be payable  by the company for each day of delay. Usually, the ombudsman does not levy penalty, but it did in this case on the insurance company for wrongful delay and refusal.

Case 2: A consumer had purchased two heaters, which were offered cheap on the Deal92.com website as an online transaction. The online payment was made through a credit card. When the consumer received the ordered goods they were found in broken and in non-usable condition. The consumer protested on the only ‘email’ address available demanding either the replacement of goods or refund of entire paid amount. There was no response even after reminders. The National Consumer Helpline was unable to take the complaint for redressal in absence of any postal address of Deal92.com. Mr Siroya took recourse of putting this complaint on social networking websites. That defiled their name and potential customers were cautioned. The aggrieved consumer was also advised to raise a formal dispute to deny the payment made to the online merchant and treat it as a fraudulent transaction. This was done and a temporary credit was given in his account. This was further refurbished, when a complaint was filed with the cyber cell regarding this online fraud and praying to ban the seller’s website. That made Deal92.com to act. They refunded the entire amount to the same credit card account.

Case 3:  As a consumer activist, Mohan Siroya had filed a case at the MIDC police station for having received a threat on his mobile in May 2010, “threatening me to stop lodging complaints against the companies for Consumer Cause and Protection”. This particular case he was referring for the company “Fedders Lloyd” against which a complaint was sent by him to the then Union minister for civil supplies and consumer protection, Sharad Pawar. Another non-cognisable (NC) complaint was filed by him in the MIDC police station against a firm called “Modern Tech Services” for having failed to give the contracted service for second year of the contract. Mr Siroya tried to contact the firm’s office and proprietor but all the listed phones were not working/not in existence. A written notice was sent by Mr Siroya to the postal address printed in the contract/letter head. It transpired that now in that premises some other business, by some other party, was carried out. Mr Siroya filed a complaint of cheating and fraud for having failed to give the contracted service or refund of 50% of paid amount against the firm, whose address was now ‘Unknown’.


The police was requested to find out the person in whose account the cheque/ money was paid and his whereabouts. Mr Siroya made an application under RTI to know the progress. It came in mere two words “Under Investigation”. He then appealed to the First Appellate Authority (FAA) for specific “status/progress” of investigations made, besides complaint of delay in providing information. The FAA also simply ordered “As earlier informed Under Investigation”. The order reached Mr Siroya beyond 45 days of appeal date, thus another violation of the Act without giving any reasons for delay.
 

Mr Siroya went in for a second appeal to the SCIC (State Chief Information Commissioner), who within five months, heard his appeal. On the eve of hearing date, a police constable personally came to his home to deliver a letter that said, “In first NC, the police filed a case against one Mr Gupta under Section 504, 506 of IPC.” The second NC complaint against Modern Tech Services was of civil nature and I should go to the civil/consumer court,” Mr Siroya said.


In the hearing, the SCIC upheld delays under the Act and also for suppressing the available investigation progress/report on record. The Authority also agreed with the interpretation that in absence of a party whose whereabouts are unknown, is covered under ‘Fraud’ and thus the police is supposed to take cognisance of the same.
 

The SCIC further gave two specific directions—to summon the SPIO (State Public Information Officer) in person to explain “Why penalty under Section19 (8) (g) and Section 20 (1) should not be levied on him”, failing which orders will be passed under Section 20 (2)”. “Another landmark relief for me was that the concerned offices should furnish me an opportunity to inspect the information so far available on record on all such files free of charge. After two days, police started investigating about the address of the payee through the banking channels,” Mr Siroya stated.


The police machinery worked overtime, gave Mr Siroya updated information in both the cases, one through the CBI, as Fedders Lloyd Co was from Delhi. The other one they traced through the banking channel in Mumbai and made him to refund Rs1,000 in cash.
 

User

COMMENTS

RAMESH VASWANI

4 years ago

I AM BEING DEPRIVED OF MY RIGHTFUL DUES BY LIC OF INDIA.
THE BRANCH MANAGER AGREED THAT HE WILL PAY LUMPSUM (SURRENDER VALUE)INSTEAD OF ANNUITIES, MERELY BY SIMPLE APPLICATION. BUT THE AMOUNT QUOTED WAS SO LOW THAT THE RATE OF RETURN FOR 5 YEAR POLICY COMES TO 0.003% P.A., WHICH INDICATED THAT THERE WAS SOME ERROR IN CALCULATING THE AMOUNT TO BE PAID. BRANCH MANAGER TRANSFERRED, NO RESPONSE TO THE MAILS SENT, NOT EVEN ACKNOWLEDGEMENT. MAILS SENT TO HO, TOO WENT UNRESPONDED. CAN I FILE RTI ?

REPLY

MOHAN SIROYA

In Reply to RAMESH VASWANI 4 years ago

Mr Ramesh Vasvani
Yes, U must . Shubhsya Shighram .
Also go on LIC website and express your disgust by way of "Feed Back".

Mohan Siroya

nagesh kini

In Reply to RAMESH VASWANI 4 years ago

Suggest you file a complaint with the Insurance Ombudsman for relief.

ashwin bahl

4 years ago

Impossible task as far too heavy and time consuming,too much paper work, wheels of justice simply do not move at all, a simple case of checque bouncing case takes years so what can we expect from these bodies also?

nagesh kini

4 years ago

My experiences with the Insurance and Income Tax Ombudsman have been quite rewarding.They are relatively quick and professional in the disposal, much better than Consumer Forums that are already clogged and lawyer-date driven.
It is time our people approach the Ombudsman for faster justice redressal.
That Maharashtra and Goa have no Insurance Ombudsman is another matter.

REPLY

MOHAN SIROYA

In Reply to nagesh kini 4 years ago

Sorry Mr. Nagesh , your statement that Maharashtra and Goa does not have the Insurance OMBUDSMAN is not true. My very story of triumph was created by the Omb.M & G .
Mohan Siroya

nagesh kini

In Reply to MOHAN SIROYA 4 years ago

please see my response below to arun's comment.

Resham Thakur

4 years ago

I totally agree with Mr. Raj Pradhan. we should have more inter active sessions on consumer & general grievance redressal mechanism. It's high time Money Life Foundation should start an aggressive grievance redressal & anti corruption forum.

Jai Hind !

ashok patil

4 years ago

Generally Higher officers of all companies are worried about their company reputation. Hence they will take complaint very seriously and solve immediately.

But employees who are directly in touch with customers are not consumer friendly and behave without social responsibility and accountability.

Hence, first try to solve disputes at sale's point. If it is not solved, directly write a complaint to Highest officer of the company.

If it is not solved then approach Regulatory body, Ombudsman or consumer forum/commission.

Before filing a complaint, first buildup a file to prove your case with evidence, so that manufacturer or service provider can't escape from the clutches of law.

REPLY

MOHAN SIROYA

In Reply to ashok patil 4 years ago

Thanks for Comments Mr. Ashok Patil . I am sure that normal redressal procedure is not applicable to ONLINE SELLERS/TRANSACTIONS. AND THERE IS NO STATUTORY REGULATOR FOR THEM . THE ONLY REMEDY , the Consumers have at present is file a complaint to National Consumer Protection either by phone or on web or file a case in the Consumer Forum ,provided one has the POSTAL ADDRESS of the seller .
And we are talking of not the MNCs of repute but 'Fly by Night" online sellers who have mushroomed in dime and dozens.

Mohan Siroya

arun

4 years ago

Getting your consumer complaint admitted in Mumbai State Commission and District Forums is a nightmare.

My friend had come from Solapur to file a complaint against an insurance company in the State Commission. His complaint was rejected because he did not follow the 45 point check list. He went back to Solapur and prepared the complaint again and came to Mumbai to deposit his complaint. His complaint was again rejected because he had mentioned the names of the OP. When he pointed out that the names of OP are a requirement in 45 point check list. The clerk said that this is technical matter and he will have problems later on. He went back to Solapur and again prepared new set of papers without name of OP and came back to Mumbai to submit his papers. Again the documents were rejected because he was required to put a cover page with defined format. The clerk gave him the new format sheet and that was placed after making copies. The complaint was again rejected this time because the claims were not written separately in separate paper. My friend had written the claims in continuation just after the complaint statements as we usually do in all cases filed all over India. The consumer went back and prepared the case papers again and came to Mumbai to submit. After much hue and cry the case papers were accepted.

The clerk then told the consumer to come for admission hearing. My friend went back to Solapur and then came again to Mumbai to attend the admission hearing. This time the file was with judge. The judge asked him to prepare the file as per the sequence with index paper as first page and submit again. He also asked him to keep a lawyer to make things easy.

The consumer went back to Solapur and returned again after making the index paper properly. This time the judge asked him to remove the names of the staff of the OP from the complaint. My friend told the judge that when he is preparing the affidavit of evidence he has to mention the correct facts and correct names, without which the affidavit will not be effective. The judge fired him for arguing and asked him to prepare the full documents again.
Now the consumer has gone back to Solapur and is in double mind whether to file the case or not.

It is real shame that when cases are accepted through normal procedure in all the courts in India, Mumbai consumer courts want to make things difficult for consumers so that they do not file cases.

Previously the Mumbai courts invented a novel way by forcing complainants to make cases in Marathi with english translation as mandatory requirement. But this was scrapped off when there was resistance from many social workers and activists.

To be on lighter side...my friend told me that it is much easier to get train reservation to Mumbai despite high season but not possible to get the case admitted in consumer court. He has wasted thousands of sheets of papers, printing inks, wasted a lot of money in xeroxes, traveling to Mumbai from Solapur but failed to get his case admitted to the State Consumer Commission.

Now I doubt whether he will return back to the State Commission to file his case.

REPLY

nagesh kini

In Reply to arun 4 years ago

Arun's friend is not the only one.
The Consumer Fora are as bad as any court. They are lawyer driven. In my case against the then Indian Airlines, their lawyer obtained adjournment on the grounds of the air crash at Aurangabad that has nothing to do with the commercial matter of refund against lost ticket.

If an Insurance Ombudsman has now been appointed is another matter. We were told by the Secretary that there was none since Oct,2012.

MOHAN SIROYA

In Reply to nagesh kini 4 years ago

THERE IS POINT FOR CLARIFICATION.
Thee are vancancies caused by retirement or resignation and even in the Government /Semi-Government levels, replacement takes time as with SICs under RTI act in so many states.
THe peculiar thing about Insurance Ombudsman is his salary or the entire financial burden of his office is borne by the Association of Insurance Companies( only Nationalized ones)against whose interest he makes an award. So when the Govt.itself takes its own sweet time for appointments ,they may take more liberties.But that does not mean that the Office of the Insu. Ombudsman has stopped accepting cases. Definitely the pendency of cases will be much larger for want of disposal; hence more waiting time for complainants.

MOHAN SIROYA

In Reply to arun 4 years ago

My full sympathies with this "Unfortunate Consumer" and as replied by RAJ, thanks for sharing this experience.
Just one more suggestion. Let the consumer put his complaint on 'National Consumer Protection' Portal .

raj

In Reply to arun 4 years ago

thanks for sharing the experience.

Joseph Fernandes

4 years ago

I have an issue with Timtara dot com, the online shopping portal from whom I ordered Softel snack maker and prepaid online Rs1400/- a year ago, precisely on 20th March 2012, but they did not deliver and cancelled the order unilaterally and have not yet refunded my money inspite of several calls and emails.
Joseph Fernandes Mumbai

Dilip Davda

4 years ago

Flipkart– false claims of 24x7 customer support.

Flipkart, claims to be the major distributor for Nokia product with 24x7 customer support system is a humbug online portal. I had a very bad experience with my recent order (OD 30303012312) of Nokia Lumia 620 with it. After my order, I got a mail for shipment of my goods on 12.03.13 with a tag line of delivery within 2-3 days which should have come to me by 15.03.13, but till 20.03.13 I did not have. On repeated reminders to them, I got mails after two days for another assurance of delivery by 19.03.13 and that too did not materialized. Thus my order did not got completed even after 2+3 i.e. 5 days and when I kept reminding them, they claimed that it has been lost in transit and on 20.03.13 eve I got mail for fresh shipment on 20.03.13 for which the delivery was promised by 23.03.13 and in that note, they mentioned as “Return” for earlier shipment which I could not understand. Due to assurances of delivery on two occasions i.e. on 15.03.13 and 19.03.13, I had to keep myself free at home with no fruitful results and lost some work assignments. Thus, I found no 24x7 customer support as they claimed for my order and I found lot of communication gap and totally adamant behaviors of their call centre personnel. Thus my experience with Flipkart has turned out to be a Flopkart. One should be careful while booking any product with this portal.

By Dilip Davda, Thane.

REPLY

MOHAN SIROYA

In Reply to Dilip Davda 4 years ago

U R right MR. D Davda. Consumers should be cautious and careful before doing any "ONline Transaction".
I would be interested to know , what is the "Status" of your purchase today.
Mohan Siroya

manoharlalsharma

4 years ago

At the cost of TIME,which is so costly and Loss-of money which is hard to earn.
Choice is Your's/thanking yuo

TIHARwale

4 years ago

in the past couple of years i had issues with SBI, IICICI,HDFC, LIC etc in all instances complaints lodged as Aam Aadmi thro proper channel failed to get response. SBI even updated that issue is resolved but then wrote to Chairmen of these organisations believe it or not the very same organisations got in touch with me and ensured resolution of the issues 9 it is for the organisations to examine why they failed to respond when issue was raised as a commoner.

Airtel however never bothered to resolve the complaint their on line complaint facility is a big fraud, since it involved Rs 200/- only i didn't find it worth pursuing. if Airtel wants i can forward the entire email correspondence.

IRCTC is the best as regards settling a failed a transaction.

Sandeep

4 years ago

Wow! Thanks for such a useful and empowering article.

-Sandeep

MOHAN SIROYA

4 years ago

THANKS A TON TO SUCHETA DALAL, TRUSTEE AND MG. EDITOR 'MONEYLIFE FOUNDATION', THE EDITOR TRUSTEE DBASISH BASU FOR GIVING THIS A PLATFORM AND OF COURSE TO RAJ PRADHAN, WHO MADE A 'FEATURE STORY' ON THIS .
I AM SURE, THIS WILL GO A LONG WAY IN 'AWAKENING THE OTHERWISE SLACK CONSUMERS IN SLUMBER TO FIGHT FOR THEIR RIGHTS' WITH UNDEING ZEAL AND DETERMINATION.
KEEP IT UP THE CURSADE MONEYLIFE.

REPLY

Rajesh Kothari

In Reply to MOHAN SIROYA 4 years ago

I think it is time we all consumers get a platform where we can share contact details of top personnel of all errant organizations.

Once such contact details are in public domain, it will be easy for consumers to get quicker redressal of their complaints.

Also, employees will think twice before giving evasive reply because he knows that consumer has option of reaching his higher-up.

MOHAN SIROYA

In Reply to Rajesh Kothari 4 years ago

Mr Kothari
Thanks for the good "Suggestion" . "Wesites,On line sellers", who are transparent and fair, do give the contact details .They are available on the concerned portal of the seller.
Those who have not given , they come in "Fraud" category, and the Consumers should never deal with them online and part their hard earned money.

Vaibhav Dhoka

4 years ago

Police or regulators none acts.And consumer forum is time consuming.

Dev

4 years ago

If a person is a habitual offender he is termed as Goonda.

If a business concern is a habitual offender of consumer laws what should we call them? What action can we take against these firms?

Most of the business houses are not worried when you file a consumer complaint. For them it is a usual matter and they have appointed lawyers on permanent basis to represent them in the consumer forums!!

I request activists to please file RTI in consumer forums of their places and find out the "habitual" offenders.

REPLY

MOHAN SIROYA

In Reply to Dev 4 years ago

A FEW DAYS BACK, ON BAHALF OF CONSUMER COMPLAINTS CELL, I HAD PUBLISHED A LIST OF A FEW ONLINE SELLER WEBSITES ON FACE BOOK AND LINKEDIN ,DIVIDING IN 3 CATEGORIES,VIZ; RELIABLE, NOT SO RELIABLE AND CHEATS. POTENTIAL ONLINE BUYERS CAN TAKE CAUTIONARY MEASURES ACCORDINGLY.
IF SO DESIRED, I CAN RE-PUBLISH THAT LIST ON 'MONEYLIFE' TOO.
tHE WARNIN WAS BASED ON THE EXPERIENCE WE GOT WHILE DEALING WITH ACTUAL CONSUMER COMPLAINTS.
MOHAN SIROYA
MOHAN SIROYA

Rajesh Kothari

In Reply to MOHAN SIROYA 4 years ago

Mr Mohan,

We appreciate your tenacity in pursuing errant organizations. Hats off to you.

Few suggestions:
1. Please publish the list of websites here in this comments.

2. Publish contacts details of top officials of major offenders.

3. On Internet writing in all CAPS is considered equivalent to 'shouting' loudly. So, please write in normal letters.

MOHAN SIROYA

In Reply to Rajesh Kothari 4 years ago

Thanks for your praise ,suggestion and even criticism is welcome.

jaykayess

In Reply to MOHAN SIROYA 4 years ago

Sirji,
You are an inspiration to all aggrieved customers. But I have one small request - please do not use all CAPS in your replies!

MOHAN SIROYA

In Reply to jaykayess 4 years ago

Agreed Sir. But let me assure you that it was not an intention to "Shout Loudly". Perhaps it was a wrongful "emphasis" bring due importance to points.

We are listening!

Solve the equation and enter in the Captcha field.
  Loading...
Close

To continue


Please
Sign Up or Sign In
with

Email
Close

To continue


Please
Sign Up or Sign In
with

Email

BUY NOW

The Scam
24 Year Of The Scam: The Perennial Bestseller, reads like a Thriller!
Moneylife Magazine
Fiercely independent and pro-consumer information on personal finance
Stockletters in 3 Flavours
Outstanding research that beats mutual funds year after year
MAS: Complete Online Financial Advisory
(Includes Moneylife Magazine and Lion Stockletter)