Novartis AG v. Union of India and Others

Abstract

Relationship of international law and municipal law — Treaties — Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994 (“TRIPS Agreement”) — India’s obligations under TRIPS Agreement — Compatibility with Indian patent law — Changes in Indian patent law — Patent Act — Legislative history — Patent Act 1970 amended in 2005 — Interpretation — Section 3(d) of Patent Act — Whether drug of pharmaceutical company having enhanced efficacy — Whether pharmaceutical company could patent drug — Whether drug satisfying test of patentability or invention under Patent Act — Whether Section 3(d) of Patent Act applicable

Treaties — Application — TRIPS Agreement — Doha Declaration on the TRIPS Agreement and Public Health 2001 — India’s treaty obligations — International developments impacting on Indian patent regime — Changes to Indian patent law — Patent Act 1970 amended in 2005 — Section 3(d) of Patent Act — Whether applicable — Whether pharmaceutical company could patent drug — Whether drug satisfying test of patentability or invention under Patent Act — Whether drug having enhanced efficacy — Whether Section 3(d) of Patent Act applicable

Economics, trade and finance — Intellectual property rights — World Trade Organization rules on intellectual property — TRIPS Agreement — Doha Declaration on the TRIPS Agreement and Public Health 2001 — Harmonization of Indian patent law — Indian Patent Act 1970 as amended in 2005 — Patent protection for pharmaceutical products — Whether pharmaceutical company could patent drug — Whether drug satisfying test of patentability or invention under Patent Act — Whether Section 3(d) of Patent Act applicable

Human rights — Right to health care — Public health concerns — TRIPS Agreement — Doha Declaration on the TRIPS Agreement and Public Health 2001 — Indian Patent Act — Whether meeting public health concerns — Whether pharmaceutical company could patent drug — Whether drug satisfying test of patentability or invention under Patent Act — Whether Section 3(d) of Patent Act applicable — The law of India