This case presents complex managerial challenges that stem from the institutional context in emerging markets, particularly in relation to the intellectual property regime and its impact on business strategy. The case centres around a multinational pharmaceutical firm, Novartis International AG (Novartis), that is waiting on a major court decision regarding patent policy as it pertains to one of the firm’s products. The case takes students through the company’s journey in marketing a promising anti-cancer drug that had global sales of US$3.9 billion in 2009. Novartis’ global success with this drug is being challenged by the changing institutional environment surrounding innovation and pharmaceutical patents. The company’s decision to patent the drug in India and challenge the institutional system of patent law is meeting significant resistance from those who argue that the drug is neither novel nor affordable for most patients. With key domestic players staking their claim to the large pool of patients who could benefit from the drug, the case focuses on a controversial patents law. Given the uncertainty of the court’s final decision on these matters, students are asked to develop an action plan for the company’s future.
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