SC order on Novartis will impact investment: USIBC
April 03, 2013  01:39
Expressing unease over the Supreme Court ruling against pharmaceutical giant Novartis denying the company a patent on its cancer drug, a major business advocacy group today said that this would impact innovation and investment climate in India at a time when the country needs foreign direct investment the most.

"Innovation requires the reward and protection of intellectual property. We are certain India's leadership understands this, and that creating and maintaining an environment that inspires and enables innovation is in India's ultimate, long-term interest. Such an environment is crucial if India is to attract investment in this or other highly complex sectors," US-India Business Council president Ron Somers said.

The court's decision cites Section 3 (d) of India's patent law and states that a patentee must prove enhanced efficacy of a medicine in order to obtain a patent in India, a USIBC statement said. 

Over 40 countries including China, Russia and Taiwan have already granted a patent for Novartis' Glivec and India now stands out as unique for not granting a patent to this incremental innovation, the statement said.
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