Healthy Skepticism Library item: 11155

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Journal Article

Mudur G.
Court dismisses Novartis challenge to Indian patent law
BMJ 2007 Aug 11; 335:(7614):273
http://www.bmj.com/cgi/content/full/335/7614/273-a

Abstract:

Patients’ groups and health organisations proclaimed victory this week after an Indian court dismissed a petition by the drug company Novartis challenging a section of the Indian law on patents.

Novartis had questioned section 3(d) of the law, which prohibits patents on new forms or new uses of known substances, arguing that it was in violation of the Indian constitution and that it did not meet international trade rules.

The Madras High Court dismissed the petition, ruling that the clause was not unconstitutional and that the issue of whether it complies with international law should be determined by the World Trade Organization.

Health agencies say the verdict is a victory for global public health. “This is a huge relief to millions of patients and doctors in developing countries who depend on affordable medicines from India,” said Tido von Schoen-Angerer, director of the campaign for access to essential medicines at Medécins . . .