You Can­not Hang on to Breast Can­cer Drug, HC Tells Roche

The Economic Times - - Companies: Pursuit Of Profit - Press Trust of In­dia

New Delhi: The Delhi High Court on Wed­nes­day told Swiss pharma ma­jor Roche that it “can­not hang on to” breast can­cer drug Tras­tuzumab, in­no­vated by it, for the rest of its life af­ter hav­ing en­joyed the fruits of its patent.

“You can­not hang on to it (Tras­tuzumab) for the rest of your life. You have worked your patent. You en­joyed the fruits of it. You have no right now,” a bench of Jus­tices Badar Dur­rez Ahmed and San­jeev Sachdeva said. The court was hear­ing pleas of Roche and other pharma firms like Bio­con, My­lan and Re­liance Life Sciences on the is­sue of mar­ket­ing and sale of generic drug’s biosim­i­lar as Tras­tuzumab only.

Roche ar­gued that Bio­con, My­lan and Re­liance can­not term their medicine as merely Tras­tuzumab and ought to call it Bio­con’s Tras­tuzumab or My­lan’s Tras­tuzumab as th­ese com­pa­nies have not fol­lowed the en­tire pro­to­col of tests and stud­ies, as was done by it.

To this, the bench said the ad­van­tage of biosim­i­lar­ity was that it was an ab­bre­vi­ated process and com­pa­nies like Bio­con and My­lan need not go through the en­tire “rig­ma­role” as was done by Roche.

It also said that it was find­ing Roche’s stand “dif­fi­cult to di­gest” as it has al­ready gained from its patent. Dur­ing ar­gu­ments, Roche also al­leged that Bio­con and My­lan were us­ing pack­age in­serts which con­tained data of tests and stud­ies car­ried out by it and not their own.

The court was hear­ing pleas of Roche and other pharma firms on the is­sue of mar­ket­ing and sale of generic drug’s biosim­i­lar as Tras­tuzumab

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