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...

The implementation of Patents Act, as last amended in 2005, raises significant issues of immediate concern to patients across the world. INDIA'S Patents Act has an interesting history. Enacted first in 1911 as the Indian Patents and Designs Act in the colonial era, it primarily addressed the interests of inventors, who did not want their inventions infringed upon by anyone who copied them or adopted the methods used to make them....

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...

Progressive strengthening of public facilities is the only way to reach medical services to the population as a whole. “The best form of providing health protection would be to change the economic system which produces ill health, and to liquidate ignorance, poverty and unemployment. The practice of each individual purchasing his own medical care does not work. It is unjust, inefficient, wasteful and completely outmoded ... In our highly geared, modern...

The medicine price regulator, the National Pharmaceutical Pricing Authority (NPPA), has found a price fixing mechanism suggested by its parent ministry, chemicals and fertilisers, has failed to meaningfully lower the prices of key cancer medicines. A group of ministers (GoM) headed by agriculture minister Sharad Pawar is expected to meet soon to finalise a pricing policy on drugs. The NPPA study findings may compel the ministry to seek other effective ways of...