The relationship between the Indian Patent Act, 1970 and the pharmaceutical products claiming patent protection in India was rewritten when the Supreme Court of India considered this issue recently.
The result of this long drawn litigation was well anticipated. Novartis lost the patent claims of Novartis Ag’s cancer treatment drug Glivec in Supreme Court of India.
This has encouraged the generic drugs manufactures of India. This has also brought a new hope for underdeveloped countries where Indian generic pharmaceutical manufacturers are supplying their life saving products at an affordable price.
In a recent development, a single Judge of Delhi High Court refused to restrain an Indian firm Glenmark from manufacturing and selling anti-diabetes drugs Zita and Zita-Met through an interim order.
Reacting to this interim order, the US pharmaceuticals major Merck Sharp and Dohme (MSD) filed an appeal before a Division Bench of Delhi High Court and the Court has fixed April 12 as the date of hearing of this appeal before another Bench.
We at Perry4Lawbelieve that the Delhi High Court should definitely consider the aspects of Doha Declaration, TRIPS Agreement, Public Health and Public Interest, Compulsory License Requirements, etc while deciding the appeal. We would cover the decision of Delhi High Court once it is given.