F. Hoffman La Roche Ltd. & Anr vs. Cipla Ltd: Critical Analysis
Posted: 1 Jun 2020
Date Written: May 3, 2020
Abstract
The Author through this case comment aims to critically analyze the landmark judgment of F. Hoffman Roche vs. Cipla Ltd. The Court in this case has shown how big pharmaceutical giants cannot evergreen patents on life saving drugs and the State prevents the monopoly. In such cases, the public interest is larger than the interest of the pharmaceutical. Had the patent granted to the Roche by Controller New Delhi, the medicine would have been out of reach of the public. Therefore, while the Indian law encourages inventions, research and development, it does not provide absolute rights which are in conflict with the public interest.
Keywords: Patent, Ever-greening, Section 3, patentable subject matter
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