Fading history of Novartis v Union of India
Down To Earth|April 01, 2023
The 2013 landmark Supreme Court judgement offers critical lessons on the intent behind crucial aspects of India's key patent law
LATHA JISHNU
Fading history of Novartis v Union of India

EXACTLY TEN years ago, the Supreme Court of India delivered a landmark judgement on a crucial case involving under the patent protection for pharmaceuticals country's new intellectual property rights regime. It was a case that had riveted the world since the outcome had major implications for the pharma industry and for patients. It was the first test of the country's patent law, which had been amended to comply with World Trade Organization (WTO) rules, and specifically of a particular part of the law, Section 3d, which delineated what was not patentable in India. This section deals with patents for derivatives of known substances and new uses of a known substance, a hugely contested domain.

The legal challenge had come from Swiss drug giant Novartis which had filed a special leave petition (SLP) in the apex court; its final attempt to get a patent for a new form of its anti-cancer medicine Glivec after several courts had rejected the claim. The claim was for a beta crystalline version of its base compound imatinib mesylate, which had been patented much earlier. A division bench of the Supreme Court rejected the SLP and Justice Aftab Alam, who wrote the carefully nuanced judgement, laid down the fundamental reasoning for the law and its application. While the court considered the counter arguments-generic companies, patient groups and lobbyists had also filed SLPS-it was not unduly swayed by the argument for access to the medicine.

هذه القصة مأخوذة من طبعة April 01, 2023 من Down To Earth.

ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 9,000 مجلة وصحيفة.

هذه القصة مأخوذة من طبعة April 01, 2023 من Down To Earth.

ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 9,000 مجلة وصحيفة.

المزيد من القصص من DOWN TO EARTH مشاهدة الكل
A SPRIG TO CARE FOR
Down To Earth

A SPRIG TO CARE FOR

Punarnava, a perennial herb, is easy to grow and has huge health benefits

time-read
3 mins  |
November 01, 2024
DIGGING A DISASTER
Down To Earth

DIGGING A DISASTER

Soapstone mining near Dabti Vijaypur village has caused many residents to migrate.

time-read
2 mins  |
November 01, 2024
REVIEW THE TREATMENT
Down To Earth

REVIEW THE TREATMENT

Several faecal sludge treatment plants in Uttar Pradesh suffer from design flaws that make the treatment process both expensive and inefficient

time-read
3 mins  |
November 01, 2024
MAKE STEEL SUSTAINABLE
Down To Earth

MAKE STEEL SUSTAINABLE

As India works to double its GDP by 2030, its steel industry must balance growth with sustainability. By embracing policies like the Steel Scrap Recycling Policy 2019 and adopting green technologies, India is paving the way for a more sustainable future in steel production

time-read
4 mins  |
November 01, 2024
Can ANRF pull off the impossible for India?
Down To Earth

Can ANRF pull off the impossible for India?

Anusandhan National Research Foundation is expected to reorient India's innovation goals but funding issues, old mindsets remain a drag

time-read
4 mins  |
November 01, 2024
TROUBLED WOODS
Down To Earth

TROUBLED WOODS

Forests are a great bulwark against climate change. But this is fast changing. AKSHIT SANGOMLA travels through some of the pristine patches of the Western Ghats to explore how natural disturbances triggered by global warming now threaten the forest health

time-read
10+ mins  |
November 01, 2024
BLINDING GLOW
Down To Earth

BLINDING GLOW

The science is clear: increased illumination has damaging consequences for the health of humans, animals and plants. It’s time governments introduced policies to protect the natural darkness and improved the quality of outdoor lighting.

time-read
10+ mins  |
November 01, 2024
GROUND REALITY
Down To Earth

GROUND REALITY

What happens when the soil loses the ability to grow healthy, high-yield crops on its own?

time-read
6 mins  |
November 01, 2024
GM POLICY MUST BE FARMER CENTRIC
Down To Earth

GM POLICY MUST BE FARMER CENTRIC

On July 23, the Supreme Court of India directed the Union government to develop a national policy on genetically modified (GM) crops for research, cultivation, trade and commerce through public consultation.

time-read
6 mins  |
November 01, 2024
Vinchurni's Gandhi
Down To Earth

Vinchurni's Gandhi

A 96-year-old farmer transforms barren land into a thriving forest in drought-prone region of Satara

time-read
2 mins  |
November 01, 2024