In a landmark judgment, the Delhi High Court has dismissed German drug maker Bayer Corporation’s Writ Petition to sanction the patent linkage system in India through a court direction. While Bayer wanted the drug controller general of India not to sanction manufacturing and marketing approval to an Indian company for the generic version of its patented kidney cancer drug Nexavar, the court rejected Bayer’s plea on the rather sentimental ground that it would amount to a barrier to the common man’s easy access to affordable medicines in the country.

Nexavar is indicated to treat kidney cancer and is sold by Bayer Corporation at Rs 2, 85,000 for 120 tablets for a month dosage which is absolutely unaffordable to the Indian consumer at any standard. But the generic version of the same medicine will not cost even one fourth of that amount which will be a big boon to the cancer patients.

Patent linkage is a system in which the Drug Controller refuses to grant or delay a marketing approval to a generic drug manufacturer to manufacture and sell a drug if the drug is already patented. Patent linkage is known to be against public health interests as it will delay the entry of cheap, generic medicines into the market and keep medicines out of reach of those who need them.
The court decision will go a long way in making available key lifesaving drugs at comparatively affordable prices to the cancer patients in the country.

Besides all this, the court order is significant as it is a warning to the big medicine companies who wanted to monopolize the huge Indian drug market in the name of patent. A large number of multinational drug companies are waiting in the wings to exploit the huge gullible patients in the country who have no wherewithal to afford such huge medical bills. And unfortunately, the doctors are also hand in glove with these demons. This is an international racket to exploit the poor, which should be opposed tooth and nail by one and all.