The Glivec Precedent

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.

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.

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.