In 2013, Novartis, a multinational Swiss based pharmaceutical company was denied a patent by Indian government for its cancer drug named Glivec (Gleevac in U.S). The drug had been mainstay product of Novartis since 2001. India had refused to patent the drug on the grounds that it didn’t qualify for a new medicine but was only an amended version of the original compound.
The case describes section how section 3(d) of IPR was used to stop ever-greening of drug patent but also puts light on repercussions on the global pharmaceutical industry.
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Issues
The case is structured to achieve the following teaching objectives:
Understand section 3(d) of IPR.
Understand ever-greening of drugs and its repercussions on individuals as well as Pharmaceutical industry.
