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Setback for Novartis in India Over Drug Patent

New York Times Original article ›

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Madras High Court decides that it has no jurisdiction over whether Indian patent law violates WTO guidelines on intellectual property. Novartis had asked the Madras High Court to clarify this point. Indian patent law (2005 patent legislation) states that a drug qualifies for a patent only if it is a new invention or a significant improvement, not a new version of a drug from before 1995. The court upheld this. Novartis's modified version of Gleevec, a leukemia drug, was denied a patent by a Indian court. Was it right in doing so? The Madras High Court affirmed this decision, and it will not be appealed to the Supreme Court.


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