NovartisVsUnion LAB Team1 Pulkit Apoorva Debayudh
NovartisVsUnion LAB Team1 Pulkit Apoorva Debayudh
NovartisVsUnion LAB Team1 Pulkit Apoorva Debayudh
VS
UNION OF INDIA
PRESENTED BY:
APOORVA GOEL
PULKIT KHANDELWAL
DEBAYUDH TALAPATRA
OVERVIEW OF NOVARTIS CASE
ISSUES INVOLVED
1. Whether Glivec is a patentable product?
2. Whether it involves ever greening?
JUDGEMENT
With the majority under the presence of Aftab Alam J. and Ranjana Prakash
Desai J. The court held that the patent application is rejected on the
grounds that:
OVERVIEW OF NOVARTIS CASE
1. Mere modification does not give novelty to the product and the applied
product has no better effect than the already existing drug.
2. Re-patenting and Ever greening which is prohibited under the Indian
Patent Law.
3. Patent for the already existing drug has expired, manufacturing and
selling of generic version within the country at cheap rate.
MERITS OF JUDGEMENT
The Judgement of Novartis case can be regarded as the most fruitful, viable
and traceable decision that meet the human rights to the highest end.