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 Perry4Law believe 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.
