"The reasons for the denial . . . are absolutely justified under the law," Anand Sharma told reporters following a ceremony marking his country's accession to the Madrid Protocol, an international trademark system.
Novartis had fought a seven-year legal battle to gain patent protection for an updated version of its blockbuster leukaemia drug Glivec, arguing the compound was a significant improvement because it is more easily absorbed by the body.
India's Supreme Court however fell in line with three previous court rulings and found that the compound "did not satisfy the test of novelty or inventiveness" required by Indian legislation.
"Our law does not accept evergreening," Sharma pointed out, referring to India's law restricting pharmaceutical companies from seeking fresh patents for making minor modifications.
Speaking at the World Intellectual Property Organization in Geneva, he emphatically stressed the independence of India's judiciary and insisted the government had nothing to do with last week's ruling, which enables generic drugmakers to continue copying Glivec, and which was harshly criticised by Novartis.
That company and other global drugmakers say India's powerhouse generics industry and strict patent filtering reduce commercial incentives to produce cutting-edge medicines.
Sharma meanwhile pointed out that Novartis is the third largest beneficiary of registered patents in India, behind Roche and Sanofi, with 147 patents to its name in the country.
"Why are we not being respected for having granted the 147 patents to the same company rather than (discussing how) the Indian judiciary has denied one?" he asked.
Sharma insisted his country was "committed to protecting intellectual property," pointing out that patent applications in the country had more than doubled in the past five years.
The country's decision to join the Madrid trademark system Monday was also "a very strong reaffirmation of India's commitment . . . not only to trademark protection but also to intellectual property protections," he said.
But he made no apologies for his country's booming generic drug trade, which he pointed out has helped dramatically slash the cost and increase the availability of life-saving drugs to combat diseases like AIDS and cancer.
"The right balance has to be found … to ensure the common good," he said.
DRUGS
Indian minister defends Novartis drug ruling
An Indian court was fully justified to reject a patent bid by Swiss drug giant Novartis last week, India's trade and industry minister said in Geneva on Monday, defending the country's generic drug business.
DRUGS
Germany should make cannabis available at pharmacies not ‘coffee shops’, says FDP boss
Germany's possible new government could well relax the country's strict cannabis laws. But FDP leader Christian Lindner says he doesn't want to go down the Netherlands route.
The Social Democrats (SPD), Greens and the pro-business Free Democrats (FDP) are set to engage in coalition talks in a bid to become the next German government. And the future of cannabis will likely be one of the topics to be thrashed out.
In drug policy, the three parties are not too far apart in their positions. So it’s possible that the drug could be decriminalised.
However, nothing is set in stone and the parties still haven’t come to a common line on the question of where and to what extent cannabis could be accessed.
The leader of the Liberal FDP, Christian Lindner, has now come out in favour of allowing cannabis products such as hashish to be sold in a controlled manner.
Consumers should be allowed “to purchase a quantity for their own use, for example, in a pharmacy after health education,” Lindner told a live broadcast on German daily Bild on Sunday.
Lindner said he was sceptical about the sale in “coffee shops” according to the Dutch model. “I am in favour of controlled distribution, and therefore health education must be able to take place,” he said.
READ MORE: Patients in Germany still face hurdles accessing medical marijuana
People in the Netherlands can access cannabis products in coffee shops under the country’s tolerant drugs policy. However coffee shops have to follow certain strict conditions. For instance they are not allowed to sell large quantities to an individual.
Lindner said his main aims were about “crime and health prevention” and not with “legalising a right to intoxication”.
It’s not clear if Lindner advocates for prescription-only cannabis for medical use, or an over-the-counter model.
The FDP previously said that they they are in favour of the creation of licensed shops. Their manifesto highlights the health benefits, tax windfalls and reallocation of police resources that legalisation would create.
The Green party also want licensed shops, as well as a whole new approach to drug control starting with the controlled legalisation of marijuana. The Greens state that “strict youth and user protection” would be the centre point of their legislation and hope to “pull the rug from under the black market”.
The SPD also want a reform of Germany’s prohibition stance – but are more cautious than the smaller parties on the legalisation aspect. They would like to initially set up pilot projects.
READ ALSO: Why Germany could be on the brink of legalising cannabis
Controversial topic
So far, the sale of cannabis is officially banned in Germany. Possession of cannabis is also currently illegal across the entire country. Those caught carrying the substance can face anything from a fine to five years in jail.
However, the justice system generally looks away if you are caught carry small quantities for personal use unless you have a previous conviction.
The definition of personal use differs from state to state, with Berlin having the most liberal rules and Bavaria the tightest.
It is estimated that around four million people regularly use cannabis in Germany.
Representatives of police unions in Germany have warned against legalisation. They argue that cannabis is an often trivialised drug that can lead to considerable health problems and social conflicts, especially among young people.
Oliver Malchow, from the GdP police union, said that “it doesn’t make any sense to legalise another dangerous drug on top of alcohol”.
The current Ministry of Health also continues to oppose the legalisation of cannabis, a spokesperson for Minister Jens Spahn (CDU) made clear. Cannabis is a dangerous substance and therefore legalisation is not advisable, the spokesman said.
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