Analysis: India’s Supreme Court Upholds Strict Patent Standards and Patients’ Right to Access to Affordable Medicines; Court dismisses unmeritorious court challenge by drug giant Novartis [1], Professor Brook K. Baker
Novartis, the Swiss pharmaceutical giant that challenged section 3(d) of the Indian Patents Act, had one goal in mind – to expand its pharmaceutical empire and price impunity in India and the countries that imports Indian generic medicines. Novartis said that it was appealing an adverse decision on the patentability of Glivec as a matter of principle – and that principle was to maximize profits and to pave the way for a flood of easy-to-get patents on medicines. Novartis tried every legal trick in the book. It first challenged the constitutionality of India’s strict prohibitions against unwarranted patents and its compliance with the WTO TRIPS Agreement that establishes baseline global standards for intellectual property protections. That case was thrown out by the Madras High Court (...)
Supreme Court Rejects Novartis’ Appeal; Upholds high standard for Section 3(d)
Rejoicing at the decision, Mr. Y. K. Sapru of Cancer Patients Aid Association (CPAA), which had opposed Novartis’ patent application, said, “We are very happy that the Apex Court has recognised the right of patients to access affordable medicines over profits for big pharmaceutical companies through patents. Our access to affordable treatment will not be possible if the medicines are patented. It is a huge victory for human rights. ” The Supreme Court’s ruling turned on the interpretation of section 3(d), a key public health safeguard introduced in India’s patent law by Parliament in recognition of the impact of product patents on access to medicines. Amongst others, section 3(d) disallows patenting of new forms of already known molecules, also known as evergreening, unless the patent (...)
ACT UP-BASEL : WHO ARE WE ?
Act Up Basel acts to promote universal access to affordable medicines of assured quality. Whether it is the developed world or developing countries, access to treatment and care is an issue that concerns each one of us. From major pandemics (tuberculosis, HIV/AIDS, malaria), to neglected diseases (chagas, sleeping sickness, etc.), to chronic diseases (cancers, diabetes, respiratory diseases, cardiovascular or neurological), many people through the world spend disproportionate amounts to access expensive treatment and care. Research for rare diseases (genetic disorders or "tropical") is neglected by big pharmaceutical companies and often whole populations are ignored because they do not constitute markets profitable enough for the pharmaceutical industry to pay attention to. . In (...)
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