The Supreme Court of India has delivered a historic judgment
which will provide a huge relief to thousands of cancer patients in India. Through
this verdict the Court has allowed the suppliers to continue making generic
copies of a cancer fighting drug Novartis Glivec. At present it costs more than
Rs. one lakh per month but thanks to this judgment is will henceforth cost less
than nine thousand rupees.
It is a humane and every inch
judicious judgment. The Pharmacentical companies, no doubt, do a commendable
job of research and development of medicines for life threatening diseases like
cancer and HIV. But once they have invented the medicines and recovered the
cost of research they forget their benign duties of serving the mankind and
continue to indulge into inexorable exploitation by keeping the cost
exorbitantly high. In this the companies, which were claiming the patent rights
were not credited with any invention but they have doing certain combinations
and permutations in the medicines being traded.
Studies that have been
presented before the court clearly suggest that the manufacturing companies have
already earned the entire cost of Research and Development within one year of
its production. Glivecis is the brand name of Inatinib Novartis which had
applied for a patent of a modified drug 'beta crystalline'. The Supreme Court
has given a very well- reasoned judgment that the patent for 'beta crystalline'
could not be granted because it was not any invention but an imitation with
minor changes. In fact, it has been the case of downright cheating by companies
which have been charging the unreasonable prices for cancer drugs. This cruelty
is condemnable. One of my friends the late Alok Tomar who died two years ago of
deadly disease of cancer had written somewhere about the pathetic story of the
cancer patients whose disease was aggravated and advanced due to prohibitive cost of medicines.
He had in his imitable style narrated that a great deal of racket was involved
in the dealings of cancer medicines.
The judges-Aftab Alam and
Ranjana K. Desai— must be complimented and applauded for this landmark judgment
and hopefully, the pharmaceutical companies would understand their primary duty
of relieving the pains and sufferings of the people instead of raking into the
stinking profit by selling of the medicines to helpless and poor patients.
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