Tag Archives: Access to Health

Drug Regulation Patent

UN High Level Panel Releases a Hard Hitting Report on Access to Medicines and Health Technologies


The UN Secretary-General’s High-Level Panel on Access to Medicines (“Panel”) released its final report (“Report”) last month on the issue of promoting innovation and access to health technologies. It comes close on the heels of the UN Human Rights Council Resolution on Access to Medicines (see our post on it here) and echoes most of the sentiments expressed in the Resolution. The Report itself states that it builds on the “previous and existing work in the field of health technology…


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Patent

Gilead Releases Statement on EPO’s Sovaldi Decision


Continuing our coverage on the recent Sovaldi patent decision by the European Patent Office (EPO), Gilead sent us a statement clarifying certain details. I reproduce it below: “On October 5, 2016, the EPO’s Opposition Division upheld the European patent (EP 2203462) covering sofosbuvir in amended form. The opposition division reached this considered decision following two days of hearings where the opponents to the granting of this patent were given an opportunity to present all of their arguments contesting its validity….


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Patent

European Patent Office Amends Gilead’s Patent Claims on Sovaldi


In a major victory for public health, the European Patent Office (EPO) has amended Gilead’s patent claims on Sofosbuvir (branded as Sovaldi), used for the treatment of Hepatitis C. Ruling in an opposition proceeding filed by Medecins du Monde (MdM), the EPO held that Gilead’s patent claims “extended beyond the content of the patent application as filed”. A spokesperson for the EPO told Statnews that some of the patent claims were no longer admissible, and had been changed in scope. The…


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Patent

DIPP Drags the Dasatinib Compulsory License Drama: A situation of “extreme urgency”?


As our readers may recall, in January 2013, the Ministry of Health and Family Welfare (MoH) had recommended that DIPP declare that a compulsory license (CL) should be granted, under section 92 of the Patents Act, 1970, for three exorbitantly priced anti-cancer drugs – Bristol-Myers Squibb’s Dasatinib (or Sprycel) and Ixabepilone (or Ixempra) and Roche’s Trastuzumab (or Herceptin). Two of these three cases were dropped as Roche allowed its patent on Herceptin to lapse (presumably to avoid the license) and…


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Patent

Cipla Withdraws Revocation Plea for Novartis’ Onbrez Patents, Informs DIPP in an RTI Reply


Many of our readers may have been wondering about the status of the application that Cipla made to DIPP in October 2014 for revocation of Novartis’ patents for the drug Onbrez. DIPP’s recent reply to an RTI application (RTI) has put an end to this wondering. Mr. Pradeep Kumar, who filed about 27 RTIs between October 2014 and June 2016 seeking the status of this application, was informed by the DIPP on June 13 that the application had been withdrawn…


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Others Patent

Patently Unjust: How India’s IP laws prevent the poor from living healthy lives


Access to Medicines (“A2M”) has been an active space for clashes within IP scholarship over the last year, with several landmark developments taking place in quick succession. Big pharma’s attempts to secure its bottom line against India’s so-called ‘lax’ patent regime have been well documented. Ever since the Novartis ruling, the debate has firmly established its importance in the Indian context, with multinational corporations pushing for introspection in our IP laws. (For more on the manner in which pharma giants…


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Drug Regulation Patent

India: To be declared as the worst IPR offender by the US?


India’s IP practices have hardly been agreeable to the US. Despite the differences, there exists a flourishing pharmaceuticals trade between the two countries. However, reports indicate that the relationship has nosedived this time round. Presently, the US Trade Representative (USTR) is reviewing our IP regime, which is scheduled to be released in the following week (USTR Special 301 report). An unfavourable review will lead to downgrading India’s status to ‘Priority Foreign Country’, which may prompt the US to impose sanctions on Indo-US…


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Innovation Patent

Delhi HC Orders the State to Foot the Bill for Rare Disease Treatment


In a remarkable moment for Indian jurisprudence, Manmohan J. of the Delhi High Court recently ordered the Govt. of NCT and the AIIMS (in Mohd. Ahmed v. Union of India) to provide a child suffering from Gaucher disease (a rare disease) Enzyme Replacement Treatment which costs about Rs. 6-7 lakh a month, free of cost. The court goes on to hold, in no mixed terms that the defence that the State’s funds were insufficient to meet such expenses would not…


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Innovation Patent

NationSpeak at the WIPO Standing Committee on Patents


“A patent is a social product and has a social function”, stated India’s speaker to drive home the point of equitable access to healthcare at the recently concluded 20th Session of the WIPO Standing Committee on Patents (SCP) in Geneva. The SCP was created in 1998 to facilitate WIPO member states to discuss international development of patent law. All WIPO members are allowed to participate in the annually held sessions and NGOs can attend as observers and make “interventions”. The…


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Biological Diversity Patent Traditional Knowledge

Ministry of Health announces AYUSH Open-Access Research Portal for Medicinal Herbs and Plants


Today we draw the attention of our readers to a press release issued by the Ministry of Health and Family Welfare as recently as on December 10, 2013, regarding documentation of certain medicinal herbs in India. The information in the release consists of the official reply of the Union Minister for Health and Family Welfare, Shri Gulam Nabi Azad in response to an issue raised in the Rajya Sabha. The release voices an intimation by the Department of Industrial Policy…


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