Novartis turns on EMR heat on rivals

Novartis India has taken the exclusive marketing rights (EMR) battle one step further by announcing its plans to take legal recourse against generic manufacturers of its anti-cancer drug Glivec (imatinib mesylate) if they do not voluntarily withdraw their imatinib products.

"We vigourously defend our rights and will take the necessary legal action to enforce our EMR," said Ranjit Shahani, vice-chairman and managing director, Novartis India Ltd.

Natco, Sun Pharmaceuticals, Ranbaxy, Cipla, Intas and Camlin Pharmaceuticals are the companies that have the generic imatinib product in their portflio.

Natco is challenging the EMR on grounds that it can be granted only in respect of patents/applications filed in a convention country after January 1, 1995, as per the provisions of the Indian Patent Act.

Refuting claims by other drug manufacturers that Novartis had patented the crystalline form of imatinib prior to 1995, the official gazette notification states that the beta crystalline of imatinib was patented on July 17, 1998.