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 »Sterilisations carried out under torchlight on Dalits, SC asks why
The Supreme Court today sought the stands of the Centre and various state governments on a plea alleging sterilisation surgeries on women under torchlight, in various places, specially in Bihar, in gross violation of the medical and ethical norms. A bench of justices R M Lodha and H L Gokhale issued notices to the Centre and various states and sought their replies within eight weeks on a public interest litigation by...
More »Scanner on birth control drive
-The Telegraph The Supreme Court today issued notices to all states and Union territories asking them to explain unsafe and unhygienic sterilisation drives in violation of an earlier order for safe procedures. The move came on a PIL by a health rights activist who alleged inhuman sterilisations continued in rural areas in “reckless disregard” of the lives of poor women, especially in Bihar. In one case, 53 women were sterilised in two hours...
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