Indian Supreme Court upholds rejection of Glivec patent

Indian Supreme Court upholds rejection of Glivec patent

by Peter Roderick -
Number of replies: 0

On 1st April, the Indian Supreme Court delivered its judgment in the case brought by Novartis in which the company challenged the refusal of the Indian patent authorities to grant a patent for its drug Glivec. The Court held that Novartis was not entitled to a patent, on a careful interpretation of section 3(d) of the Patents Act which we covered in Topic 6 (WTO, patents and TRIPS). You can read the judgment here:

     http://supremecourtofindia.nic.in/outtoday/patent.pdf

You can also read here a piece commenting on the judgment by Dwijen Rangnekar, Associate Professor of Law at the University of Warwick:

http://www.thehindu.com/opinion/lead/calling-big-pharmas-bluff/article4573890.ece