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The Norwegian government has intervened in the high-profile case filed by Novartis against Indian patent laws by asking the drug company to withdraw the litigation.
"India contributes in very significant ways to the overall production capacity for life saving generic drugs, with major exports to developing countries. It is important for global health that this contribution can continue. . . I will encourage you to consider to withdraw your case against India," Norwegian Minister of International Development Erik Solheim said in a letter to Novartis International managing director, chairman and CEO Daniel Vasella.
Novartis, which is headquartered in Switzerland, had filed a case in Chennai High Court challenging Indian Patent (Amendment) Act's clause that does not grant patents to medicines, which are new forms of an existing drug or "ever-greened" rather than innovations.
The case was filed after Patent Office in Chennai refused to give patent to the Novartis leukaemia drug Gleevec on the grounds that it was "ever-greened".
Coming out in support of existing Indian laws, Solheim said, building in public health safeguards in national patent laws, to ensure that patents do not limit access to medicines, is a right of every country.
"The cost of innovation cannot be borne by countries and people with the weakest economic capacity," Solheim added.
International trade policies and agreements need to be placed within the context of protecting and promoting health and well-being, he said adding that global health security depends on each country having the capacity to safeguard public health.