Reportedly,
the Supreme Court which has been hearing arguments in the Novartis matter since
September
11, 2012, has asked Novartis to reduce the price of Glivec, the drug used
to treat Chronic Myeloid Leukemia (CML) which currently costs around INR 1.2
Lakh for a month’s treatment.
The Supreme appears to have asked
Novartis’s counsel Mr.Gopal Subramanium if the company would continue its
programme for subsidized access to the drug if the patent on crystalline form
of imatinib mesylate were to be granted.
This question was asked despite
the Supreme Court acknowledging that Novartis had no legal obligation to
continue the subsidized access programme. Apparently, the Apex Court urged
Novartis to slash prices to earn the goodwill of the people and establish it bonafides.
In response to this suggestion by
the Court, Novartis seems to have stated the following in its affidavit:
“In the event of patent being granted to
petitioner, Novartis in India, undertakes to continue this programme till July
2018 and subject to there being no further regulatory price control/direction
in relation to said (Glivec) product.”
According
to Health India, Novartis submitted to the Court that the number of
patients afflicted with CML in India is 41,794, out of which 15,690 have been prescribed
the use of Glivec. Out of these 15,690 patients, Glivec was being made
available free of cost to 15,155 patients, 370 were being supplied the drug at
a subsidized price and only 165 bought the drug at the full price.
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