India is coming under increasing pressure from the U.S. and the European Union for the strict patentability criteria it applies for medicines. AS was only to be expected, the two landmark decisions made by the Indian patent office in recent times concerning pharmaceutical patent cases have not gone down well with the multinational drug industry. First, there was the rejection in 2006 of the patent application by the Swiss multinational...
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Drug and duplicity-Brook K Baker
NOVARTIS has long been suing the Government of India to eliminate or weaken Section 3(d) of the Patents (Amendment) Act, 2005, which established strict standards of patentability in order to prevent the ever-greening of patent monopolies on medicines. Although Novartis lost in 2007 its initial efforts to have Section 3(d) declared unconstitutional and violative of international norms for national patent regimes, it has persisted in appealing and re-appealing the denial...
More »Shamnad Basheer, Intellectual Property Law Professor at NUJS interviewed by V Venkatesan
PROFESSOR Shamnad Basheer joined the National University of Juridical Sciences (NUJS), Kolkata, in November 2008 as the first Ministry of Human Resource Development Chaired Professor in Intellectual Property Law. Before this, he was Frank H. Marks Visiting Associate Professor of Intellectual Property Law at the George Washington University law school and a research associate at the Oxford Intellectual Property Research Centre (OIPRC). He is the founder of several initiatives, including...
More »Patent to plunder -Amit Sengupta
India's efforts to produce and supply life-saving drugs at affordable prices face challenges from multinational companies trying to “evergreen” their patents. THE average life expectancy across the globe has increased from around 30 years a century ago to over 65 years today. This has been made possible in large part by modern medicine. Never before in history have humans had access to such an array of medicines and devices to...
More »A welcome first -TK Rajalakshmi
Industry reacts with caution to the grant of a compulsory licence to Natco, but cancer patients welcome it and hope for many more. THE first compulsory licence (CL) issued by the Indian patent office, to the local drug manufacturer Natco Pharma Ltd to sell the generic version of bayer AG's anti-cancer drug Nexavar, has led to varied reactions. The landmark decision has also raised concerns about the outcome of cases...
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