NEW DELHI: Some more good news could be around the corner for cancer patients and healthcare groups campaigning for access to cheaper medicines. A second version of Roche’s patented cancer drug Tarceva (Erlotinib) may hit the domestic market. Natco Pharma is considering launching its generic copy of Tarceva at a price less than Cipla’s version of the same drug. “Natco is planning to hold a review committee meeting (of the Cipla-Roche case) on Monday. The management will examine if the company should seek manufacturing and marketing licence to sell its generic copies of Tarceva in India. The decision will be taken within the next few days,” an industry official told ET. Hyderabad-based Natco has manufacturing and marketing licence to sell Tarceva’s generic version in Nepal at Rs 1,400 per tablet. This is cheaper than Cipla’s version of Tarceva that is priced at Rs 1,600—already one-third the cost of Roche’s patented product. Given that the lung cancer drug is a one-a-day medicine, this could significantly bring down cost of treatment, if Natco prices the drug at Rs 1,400 per tablet. Natco has a pending application for compulsory licensing with the government. Delhi High Court’s interim order on Wednesday allowing Cipla to market its generic version of Tarceva in India has encouraged local drug makers. They now see a stronger case to reject Roche’s patent for the drug, and leading Indian companies such as Ranbaxy Laboratories, Dr Reddy’s Laboratories and Sun Pharma may explore a similar move, the official added. Cipla joint MD Amar Lulla has welcomed the entry of more players. “The court’s verdict is a victory for patients’ rights over patent rights. The more the manufacturers, the better it is for patients as the cost of medicines will come down, as it happened in the case of HIV medicines,” he said. The court had rejected Roche’s plea in public interest as there is a huge price difference between Cipla’s version and Roche’s drug. When contacted, Roche India MD Girish Telang said: “We respect the intellectual property rights of the country. The court will uphold the law passed by Parliament.” He added that the company was studying the Delhi High Court verdict and it has not yet decided whether to appeal against the decision or initiate action against other companies planning to launch similar generic copies. Roche received patent for the drug in India last year. However, Cipla decided to launch its drug in January even as its post-grant patent opposition at the Delhi High Court is pending. Unlike in the US, where only one generic company that first challenges the patent can market the drug for six months, in India, any number of generic companies can sell the drug.
THE ECONOMIC TIMES; 24 Mar, 2008, 0000 hrs IST,Khomba Singh, TNN
About Me

- Kamal Kumar Pandey (Adv. Supreme Court of India)
- Lawyer Practising at Supreme Court of India. Court Experience: Criminal, Civil & PIL (related to Property, Tax, Custom & Duties, MVAC, insurance, I.P.R., Copyrights & Trademarks, Partnerships, Labour Disputes, etc.) Socio-Legal: Child Rights, Mid Day Meal Programme, Sarva Shiksha Abhiyaan, Women Rights, Against Female Foeticide, P.R.Is, Bonded Labour, Child labour, Child marriage, Domestic violence, Legal Literacy, HIV/AIDS, etc. Worked for Legal Aid/Advise/Awareness/Training/Empowerment/Interventions/Training & Sensitisation.
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Email: adv.kamal.kr.pandey@gmail.com

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