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...

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...

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...

BANWARA, India – In the fall of 2006, Gita Devi was pregnant with her sixth child when her family fell on hard times. A severe drought made it more difficult than ever to find farm work here in India’s northeastern plains. The family couldn’t afford food. It was unable to get a government ration card to buy grains and rice at steep discounts, even though it clearly was poor enough to...

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...