The Debacle of Novartis Patent Case in India: Strict Interpretation of Patentability Criteria Under Article 27 of the Trips Agreement

Abstract:     
The objective of this article is to analyse a larger question of international importance: the jurisdiction of a national court to test the validity of a provision in an international agreement in the light of the Novartis case. In the second part, freedom of the WTO members to implement of the TRIPs obligations under Article 27 through national legislations and its repercussions on the protection of intellectual property are analysed. At the end of the discussion the controversial discussion of patents v. patients in developing countries were closely examined. The concluding remarks can be used as a guideline for the developing countries in the protection of intellectual property especially in the pharmaceutical sector.

Keywords: TRIPs, Indian Patent Act, Novartis, Patentability and Efficacy

Working Paper Series