A pitched battle gets under way Monday in India, where Novartis has filed a legal challenge in hopes of receiving patent protection for its popular Gleevec cancer drug.

Not surprisingly, the issue is receiving international attention. The Swiss drugmaker argues India’s patent law is unfair because it requires extra hurdles that don’t jive with World Trade Organization rules. A collection of activists, including Doctors Without Borders, charge Novartis is attempting to restrict affordable medicines in the developing world.

Yes, it’s a complicated situation and a highly emotional debate, that’s framed as patients versus profits. Novartis says it’s not that simple, that India’s patent laws are arbitrary and will discourage innovation. The activists say Novartis simply wants to block generics from eroding its higher price advantage, and not just for Gleevec.

The posturing resembles the clash five years ago in South Africa over AIDS drugs. In that episode, more than three dozen drugmakers received a collective black eye for having a tin ear to public concern over affordable medicines.

Patent law is complicated. India’s no less so. And high-profile politics are likely to emerge. The trick for Novartis is this - even if the drugmaker is right and wins, how does it avoid losing the battle for public opinion? And if Novartis is wrong, how does it restore a tarnished image?

[tags]Doctors Without Borders, Gleevec, India, Novartis, Patents, World Trade Organization[/tags]