Test case
The case of Gleevec, a cancer drug required for 24,000 patients suffering from chronic myeloid leukaemia in India, highlights the problem with tough patenting regimes, including data exclusivity, in developing countries.
Gleevec is made by Novartis and costs a patient Rs 120,000 a month, while Indian manufacturers claim they can produce a generic version that will cost between Rs 9,000 and Rs 12,000.
Generic production was not possible because Novartis got exclusive marketing rights. However, since data about the drug was available to the Cancer Patients Aid Association, it fought a case against Novartis. Based on the data, it was found that the active ingredient in the drug (Imatinib mesylate) had already been disclosed in 1993. The patent was revoked. This would not have been possible if data exclusivity provisions had existed.
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