Price and Prejudice: Examining the Glivec Glitch

Journal of Intellectual Property Law and Practice, Vol. 5, No. 9, 2010

6 Pages Posted: 23 Jun 2014

Date Written: July 8, 2010

Abstract

The Novartis Glivec saga has occupied centre stage in the Indian pharmaceutical patent space for well over four years. Novartis, applying for a patent on the beta crystalline form of imatinib mesylate, faced nearly every possible hurdle in its endeavour to obtain a patent. Its application has thrown up some of the most contentious issues before the Indian Patent Office and courts, inviting deliberation from these authorities, as well as criticism from others for their decisions. From bouquets to brickbats, the Glivec saga has invited multifarious opinions throughout Indian IP practice. In the process, it has encompassed many aspects that form a quintessential part of patent procurement in India. In the latest decision, the Intellectual Property Appellate Board (IPAB) has sounded the ground of ‘pricing’ as a deterrent to the grant of a patent for the anti-cancer drug in India. This article examines this stand adopted by the quasi-judicial body, the provision(s) extrapolated to the effect and the possible impact upon the future of pharmaceutical patents in India. The paper considers section 3(b)6 of the Patents Act 1970 in the light

Keywords: Glivec, patent, Commercial exploitation, Indian Patents Act, Section 3

Suggested Citation

Subramanian, Divya, Price and Prejudice: Examining the Glivec Glitch (July 8, 2010). Journal of Intellectual Property Law and Practice, Vol. 5, No. 9, 2010. Available at SSRN: https://ssrn.com/abstract=2457451

Divya Subramanian (Contact Author)

affiliation not provided to SSRN

Register to save articles to
your library

Register

Paper statistics

Downloads
10
Abstract Views
205
PlumX Metrics