Rajshree Chandra
- Published in print:
- 2010
- Published Online:
- October 2012
- ISBN:
- 9780198065579
- eISBN:
- 9780199080120
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198065579.003.0006
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter examines intellectual property rights in the context of the right to health. It presents the Novartis patent claim for the anti-cancer drug ‘Glivec’ in India as a case-study to highlight ...
More
This chapter examines intellectual property rights in the context of the right to health. It presents the Novartis patent claim for the anti-cancer drug ‘Glivec’ in India as a case-study to highlight the infringement of health rights in the context of the high prices of patented drugs, which make vital drugs inaccessible to a vast majority of people, particularly poor people. The case brings to the fore issues of drug patenting, survival of generic drugs, and their impact on access to medicines, which are vital to the preservation of the right to health, an aspect of human rights, as well as a constitutional rights in many countries.Less
This chapter examines intellectual property rights in the context of the right to health. It presents the Novartis patent claim for the anti-cancer drug ‘Glivec’ in India as a case-study to highlight the infringement of health rights in the context of the high prices of patented drugs, which make vital drugs inaccessible to a vast majority of people, particularly poor people. The case brings to the fore issues of drug patenting, survival of generic drugs, and their impact on access to medicines, which are vital to the preservation of the right to health, an aspect of human rights, as well as a constitutional rights in many countries.
Prashant Reddy T. and Sumathi Chandrashekaran
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199470662
- eISBN:
- 9780199088850
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199470662.003.0004
- Subject:
- Law, Intellectual Property, IT, and Media Law
One of the first high-profile patent cases after 2005 was the patent application filed by Novartis for the protection of Glivec, a sensational new drug which dramatically increased the survival rate ...
More
One of the first high-profile patent cases after 2005 was the patent application filed by Novartis for the protection of Glivec, a sensational new drug which dramatically increased the survival rate of patients with a rare form of cancer called chronic myeloid leukaemia (CML). A patent application filed by Novartis for a certain salt form that was marketed as Glivec was rejected by the Indian patent office on the grounds that it was barred by Section 3(d). Not only did the rejection sparked a series of appeals by Novartis but it also led to Novartis challenging the constitutionality and TRIPS compatibility of Section 3(d) before the Madras High Court. Novartis lost both the cases. This chapter starts with the story of how Glivec was invented and explains the various legal issues raised by Novartis in its long battle to patent Glivec.Less
One of the first high-profile patent cases after 2005 was the patent application filed by Novartis for the protection of Glivec, a sensational new drug which dramatically increased the survival rate of patients with a rare form of cancer called chronic myeloid leukaemia (CML). A patent application filed by Novartis for a certain salt form that was marketed as Glivec was rejected by the Indian patent office on the grounds that it was barred by Section 3(d). Not only did the rejection sparked a series of appeals by Novartis but it also led to Novartis challenging the constitutionality and TRIPS compatibility of Section 3(d) before the Madras High Court. Novartis lost both the cases. This chapter starts with the story of how Glivec was invented and explains the various legal issues raised by Novartis in its long battle to patent Glivec.
