Intellectual Property Rights and Pharmaceuticals . (Case study- Novartis’s claim in India) Background note prepared for PHM Vic Internet Workshop . India – Pharmaceutical Industry.
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(Case study- Novartis’s claim in India)
Background note prepared for PHM Vic Internet Workshop
1972: The Patent Act 1970 came in to force (Only Process Patents)(CGPDT, 2007)
1994/1995: Creation of the World Trade Organization & entry into force of the TRIPS Agreement, which obliges developing countries to grant patents on medicines no later than 2005. (WTO-TRIPS)
Patents (Amendments) Act, 1999 ( EMR provision)
Patents (Amendments) Act, 2002
April 2005: Amendment of India's Patents Act: medicines can now be patented in India. However, the law stipulates that only true medical innovations will be protected by patents. Section 3(d) specifies that new forms of known substances do not deserve patents.
Patents (Amendments) Rules 2005 (opposition+fees etc)
Patents (Amendments) Rules 2006 (Dates+fees etc)
" the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.
People’s Health Movement
Centre for Trade and Development
Medecins Sans Frontieres (MSF)
Indian Cancer Patients Aid Association
INP+ (Indian Network for People with HIV/AIDS) etc.
Access to affordable drugs
Interpretation of TRIPS in favor of public health
Modes of opposition
Petitions, Pre-grant oppositions, Mobilization of civil society