Tarceva: Following the Glivec path.

Following closely in the footsteps of the Novartis ‘Glivec’ battle, the validity of Section 3 (d) and the grant of compulsory licences seem the talk of town this time around in the Pharmaceutical industry. Our readers will remember the recent post on the Roche-Cipla Row. Generating interest and raising several eyebrows, CIPLA’s latest move to ask the Court to revoke the 2007 patent granted to Roche’s TARCEVA, again hinges a great deal on the pricing of the drug as well…

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Period for copyright protection expires: Get ready for Bollywood all over again!

Thinking of remaking a timeless Hindi classic? The time is now! Most movies made as early as the 1930s and 1940s have lost the protection that their copyright provided them and have now entered public domain. However with increasing greater revenue accruing from movie screening, bigwigs in the Bollywood industry (like Yash Copra) have already approached the HRD Ministry to extend this period to around 95 years following the example of the ‘Mickey Mouse Act’ and the protection offered to…

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Strengthening Glivec Patent in Thailand: Novartis learning from its mistakes?

In a new twist to the Glivec Patent episode, Thailand has refused to override the Glivec Patent after Swiss giant Novartis has agreed to supply free dosages of the drug through its Glivec International Patient Assistance Programme (GIPAP). Sufficient to cover at least 900 ailing patients- this move by Novartis has saved them the litigation they are entangled in currently in India. While there is no denying that this will help several cancer patients without sufficient funds to avail the…

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Pushing for Compulsory Licensing: Pharma Companies heading closer to Doha.

The pharmaceutical industry is off late pushing for an invocation of the Compulsory Licensing of higher end drugs in India. As is well known, under the present TRIPS regime, compulsory licences may be issued variably as per the existing patent regime in a country. It is heartening to note that pursuant to this, India under Sections 84, 89, 92 and 92-A of the Indian Patents Act has a broadly worded provision. The extreme and urgent situations under which the pharmaceutical…

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Novartis Patent Case: Supreme Court Stays Madras High Court Judgment

To recapitulate on the Novartis patent saga in the country, several leading pharmaceutical companies, including Ranbaxy, Sun Pharmaceuticals and CIPLA have consistently opposed the grant of a patent to Novartis’ blood cancer drug ‘Glivec”. The claim before the Intellectual Property Appellate Board was appealed against by Novartis with respect to the appointment of a technical member. This rejection was overturned by the Madras High Court, which held that the Chairman of the IPAB could, in fact, act as the technical…

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