India's Supreme Court does not allow cancer drug, Glivec,
patent protection. In response, Novartis said that this
"discourages future innovation in India".
Glivec (imatinib mesylate) is recognized as a life-saving cancer
drug. Patents for Glivec have already been granted in China, Russia
and Taiwan. A patent was denied in India on the grounds that the
crystalline structure of the mesylate salt of imatinib was a new
form of a known substance.
A lot of controversy surrounds this matter. Some critics say
that a statement by Novartis that it provides Glivec free of charge
to 0.95% of Indian patients is skewed and deceiving. Activists see
the verdict as a victory for patients' right to cheap
Lately, other pharma companies such as Gilead Sciences, Pfizer
and Roche have suffered patent defeats in India. As a consequence,
big pharma may become reluctant to invest in India.
Conflicts such as these, between big pharma and activists, are
nothing new. Hopefully, in future, some middle ground will be found
to benefit both sides.
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
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