Category Archives: Novartis Case

What should we learn from the Novartis judgment?

Source: TWN In the following piece, KM Gopakumar traces the legal background to the Indian Supreme Court decision on Novartis’ claim for a patent and explains the significance of some aspects of the judgment. ON 1 April the Supreme Court of India … Continue reading

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Intellectual property threats in the BRIC markets

Source: PMLive Compulsory licensing and other legal concerns for pharma in emerging markets For as long as pharma and biotech companies have contemplated doing business in BRIC, there have been questions about intellectual property (IP) risk.

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40 Senators wrote to Secretary-US Government on India’s discriminatory trade practices

40 out of total hundred senators of US Government had written to John Kerry, Secretary, US Department of State stating their concerns about India’s discriminatory trade and economic practices. This letter was sent few days before John Kerry’s visit to … Continue reading

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Oral Testimony at US Congressional Hearing: “A Tangle of Trade Barriers: How India’s Industrial Policy is Hurting U.S. Companies.”

Source:  MSF Access Campaign Speaker:  Rohit Malpani – Director, Policy & Analysis, MSF Access Campaign Washington, DC – June 27, 2013 Good morning. My name is Rohit Malpani and I am the Director of Policy and Analysis at Doctors Without … Continue reading

Posted in access to medicines, Compulsory Licensing, Generic drug, IP Rights, Novartis Case, patent evergreening, Right to Health, TRIPS, TRIPS flexibilities, Tuberculosis and Malaria, WTO | Tagged , , , , , , , | Leave a comment

Sun Pharma takes Novartis to US Court, seeks permission to market Glivec in US

Source: Economic Times 13 June 2013 NEW DELHI: Two months after the Supreme Court rejected Novartis’ plea to declare its Glivec patent valid, India’s top drug firm by market cap, Sun Pharma, sued the Swiss innovator firm in a US court, seeking permission to market … Continue reading

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A victory for global public health in the Indian, Ellen T Hoen

Source: Journal of Public Health Policy Abstract On 1 April of this year, the Indian Supreme Court upheld the decision of the Indian Patent Office to refuse the patent grant for Novartis imatinib mesylate (Gleevec). The patent application failed to meet the … Continue reading

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India: Patents and precedents

Source:Financial Times May 15,2013 Pharmaceutical companies fear that the battle raging in India over patents will inspire other countries to change their laws

Posted in access to medicines, Drug Pricing, Generic drug, IP Rights, Novartis Case, patent, Sec 3 (d) | Tagged , , , , | Leave a comment

Countries must fix critical access to medicines flaws in Trans-Pacific Trade Pact

Source: MSF Access Campaign Lima/New York, May 14, 2013 – As negotiations for the Trans-Pacific Partnership (TPP) restart in Lima, Peru, tomorrow, countries must prioritize fixing critical flaws in the agreement that could leave millions of people in developing countries with … Continue reading

Posted in access to medicines, IP Rights, Novartis Case, patent, patent evergreening, Sec 3 (d), Trans-Pacific Partnership Agreement | Tagged , , | Leave a comment

Investors’ IP Rights Unbound: The Danger of Investment Clauses to Access to Medicines

Source: Infojustice April 24,2013 Although access to medicines activists have been wise to focus our attention intently on convincing low- and middle-income countries to adopt and use all possible TRIPS-compliant flexibilities and to oppose the TRIPS-plus IP chapters in free … Continue reading

Posted in access to medicines, ACTA, Generic drug, Investment treaties, IP Rights, Novartis Case, patent, Sec 3 (d), TRIPS, TRIPS plus, WTO | Tagged , , , , , , , | Leave a comment

Negotiating a sell-out?

 Source: Frontline The India-E.U. free trade agreement could lead to the bypassing of established legal procedures and the limiting of the government’s role in enacting progressive, pro-people legislation, thus posing a threat to the sovereignty of the country. By SAGNIK … Continue reading

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