Novartis takes RTI route, blocks local firm's bid to copy anti-diabetes drug

Times of India: Ahmedabad: Sunday, January 18, 2015.

Swiss pharmaceutical giant Novartis has restrained a local pharma company from making anti-diabetes drug by approaching a court because the MNC had patented the drug and is enjoying monopoly over its production and sale.

Interestingly, the Switzerland company used Right to Information Act to dig out which were the companies that intended to make such drug. By doing so, it prevented the production of its patented drug by any other company.

Novartis AG filed a trademark suit last in the Mirzapur rural court against city-based West Coast Pharmaceutical Ltd demanding that the local firm should be restrained from making and selling Vildagliptin drug and its other formulations, which are successfully used to manage type 2 diabetes mellitus. Novartis submitted that it enjoyed patent of this drug in India since 1999 and to retain it till 2019. Hence, it has a monopoly over production of Vildagliptin and its two trademark products VALVUS that contains Vildagliptin as only active pharmaceutical ingredients and GALVUSMET, which comprises Vildagliptin and additional different ingredient - Metformin Hydrochloride.

Novartis argued that it had taken several years to research and development of Vildagliptin at a huge financial investment running into hundreds and millions of US dollars and requiring substantial human resources. It also enjoys monopoly to its manufacture, sale and import in this country.

It further submitted that it filed various applications under the RTI laws with the state's Drug Control Administration "in order to verify as to whether the other companies are intending to launch infringing pharmaceutical product containing Vildagliptin alone Vildagliptin + Morphin Hydrochloride". It came to know that West Coast pharma had applied for approval for manufacturing Vildagliptin 50, Vildagliptin + Morphin (50Mg/500Mg, 50Mg/850Mg, 50Mg/100Mg Tablets).

The MNC also apprised the court that the local company was, however, not involved in sale of this drug in Indian markets. But the local firm should be restrained from making this anti-diabetes drug because it would be an infringement on its patent and trademark rights.

The local company gave in and the court passed a decree permanently restraining West Coast pharma and its directors and associate companies from manufacturing, importing, selling or exporting Vildagliptin.