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...

-PTI The Centre today told Supreme Court that habitual offenders detained under special preventive detention laws cannot invoke the jurisdiction of the Right To Information(RTI) Act to know the grounds for the action against them. Appearing before a three-judge bench of justices Altamas Kabir, Gyan Sudha Mishra and J Chalameshwar, Additional Solictor General P P Malhotra said the RTI Act was not available to suspects as the legislation was subordinate to...

The National Green Tribunal's decision to suspend the environmental clearance given to Posco vindicates the project's critics. ON March 30, the Principal Bench of the newly formed National Green Tribunal (NGT) delivered a momentous decision suspending the environmental clearance (EC) given to the South Korean transnational corporation, Posco, to set up an integrated steel plant at Paradip in Odisha's Jagatsinghpur district. The former Union Minister for Environment and Forests, Jairam...

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...

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...