ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

The Glivec PrecedentSubscribe to The Glivec Precedent

'Drop the Case'

Vol. 48, Issue No. 32, 10 Aug, 2013
The Glivec Precedent
Leena Menghaney
Evergreening and the issues this practice of abusive patenting raised were first highlighted in the late 1990s with the HIV epidemic, when medicines were priced way out of reach. The Supreme Court’s rejection of Novartis’s patent has set in place an important safeguard to ensure production of affordable generic medicines from India.

Who Invented Glivec? Does It Matter Anyway?

Vol. 48, Issue No. 32, 10 Aug, 2013
The Glivec Precedent
Graham Dutfield
This article looks at Glivec’s journey from its invention to its patenting and sale while questioning the concept of credit for inventions in science and technology.

The Supreme Court Judgment

Vol. 48, Issue No. 32, 10 Aug, 2013
The Glivec Precedent
Dwijen Rangnekar
Bringing together the various aspects of and issues related to the recent Supreme Court judgment rejecting Novartis's patent for Glivec, this writeup introduces a set of articles discussing pharmaceutical patents and their evergreening, Section 3(d) of the Indian Patents Act, as well as the Trade-Related Aspects of Intellectual Property Rights Agreement. Even as it does all of this, the write-up places the observations in a wider context that tells a story of lawmaking in the south.

Is Section 3(d) Consistent with TRIPS?

Vol. 48, Issue No. 32, 10 Aug, 2013
The Glivec Precedent
Carlos M Correa
This article looks at how inventions are assessed by various policy regimes in the world and analyses the Indian regulations in this light. A well-formulated and scientifi c legislation to apply the inventive step standard could avoid most of the complications caused by Section 3(d) of the Indian Patents Act, which is compatible with the Trade-Related Aspects of Intellectual Property Rights Agreement, but about which questions can still be raised.

The Need to Curb Patents on Known Substances

Vol. 48, Issue No. 32, 10 Aug, 2013
The Glivec Precedent
K M GopaKumar
Despite a progressive judgment by the Supreme Court of India on Section 3(d) of the Indian Patents Act, the processes of legislation and implementation are not equipped to uphold the spirit of the Novartis judgment. This article explains the various loopholes that plague the system of patents in India, and suggests possible solutions.

Two Decades of Struggle

Vol. 48, Issue No. 32, 10 Aug, 2013
The Glivec Precedent
Amit Sengupta
The Supreme Court judgment in the Novartis case is important as it vindicates the entire process leading to health safeguards being incorporated in the Indian Patents Act. The article discusses this process, from the General Agreement on Tariffs and Trade and popular mobilisation in India to the enactment of and amendments to the Act, in the backdrop of the judgment.

Analysing the Supreme Court Judgment

Vol. 48, Issue No. 32, 10 Aug, 2013
The Glivec Precedent
Anand Grover
A detailed account of the examination of Section 3(d) of the Indian Patents Act in the Supreme Court's judgment on Novartis's patent application for Glivec.
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