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Flowchart Comparing Mashelkar Committe and INTERPAT

Cancer patients in India opposed Novartis' patent application for Gleevec, an essential leukemia drug. An Indian patent authority rejected the application under provisions of Indian patent law. Novartis was a corporate funder of INTERPAT, which commissioned a report concluding that India's strict patent laws limiting patents only to new chemical entities were not compatible with international trade agreements. Both the INTERPAT-commissioned report and a separate report by a committee appointed by the Indian government, which included Novartis' India managing director as the chair, concluded that India's patent laws were not compliant with international law. Novartis then filed a legal petition against the Indian government.

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294 views1 page

Flowchart Comparing Mashelkar Committe and INTERPAT

Cancer patients in India opposed Novartis' patent application for Gleevec, an essential leukemia drug. An Indian patent authority rejected the application under provisions of Indian patent law. Novartis was a corporate funder of INTERPAT, which commissioned a report concluding that India's strict patent laws limiting patents only to new chemical entities were not compatible with international trade agreements. Both the INTERPAT-commissioned report and a separate report by a committee appointed by the Indian government, which included Novartis' India managing director as the chair, concluded that India's patent laws were not compliant with international law. Novartis then filed a legal petition against the Indian government.

Uploaded by

altlawforum
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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PATIENTS

Cancer patients oppose Novartis patent application for Gleevec, essential leukaemia medicine. Patent Controller of Chennai rules for the Cancer Patients Aid Association, turns down Novartis application umder provisions in Indian patent law. Mashelkar is keynote speaker at Novartis corporate symposium

NOVARTIS INDIA GOVT. OF INDIA


Ministry of Commerce & Industry tasks Mashelkar Committee with the question: Is it TRIPs compatible to limit the grant of patents to new chemical entities or new medical entities involving one or more inventive steps? Novartis India MD Ranjit Shahani is Chairman of Interpat India

INTERPAT INDIA

NOVARTIS SWITZERLAND
One of 29 corporate funders of INTERPAT

MASHELKAR COMMITTEE
Mashelkar Committee is appointed April 2005, submits report in December 2006. The report concludes that it is not TRIPs compatible to limit the grant of patents to new chemical entities.

INTERPAT

GOVT. OF INDIA
Novartis files writ petition against Govt., says strict Indian patent law is not TRIPs compatible.

INTERPAT funds a lawyer to write a report on Indian patent law; that report is concluded in November 2005 and published by the IP Institute (UK) in 2006. The report concludes that it is not TRIPs compatible to limit the grant of patents to new chemical entities.

The Mashelkar report says.


5.6 Granting patents only to NCEs or NMEs and thereby excluding
other categories of pharmaceutical inventions is likely to contravene the mandate under Article 27 to grant patents to all 'inventions'. Neither Articles 7 and 8 of the TRIPS Agreement nor the Doha Declaration on TRIPS Agreement and Public Health can be used to derogate from this specific mandate under Article 27.

The INTERPAT/ IPI report says.


II (A) 1. Limiting the grant of patents only to NCEs or NMEs and
thereby excluding other categories of pharmaceutical inventions (the proposed exclusion) is likely to contravene the mandate under Article 27 to grant patents to all 'inventions'. Neither Articles 7 and 8 of the TRIPS Agreement nor the Doha Declaration on TRIPS Agreement and Public Health can be used to derogate from this specific mandate under Article 27.

5.9 If the aim of limiting patents to new chemical entities is to prevent a phenomenon loosely referred to as 'ever-greening', this can be done by a proper application of patentability criteria as present in the current patent regime. 5.10 It is important to distinguish 'ever-greening' from what is
commonly referred to as 'incremental innovation'. While 'evergreening' refers to an extension of a patent monopoly, achieved by executing trivial and insignificant changes to an already existing patented product, 'incremental innovations' are sequential developments that build on the original patented product and may be of tremendous value in a country like India.

II (A) 3. If the aim of the proposed exclusion is to prevent a phenomenon


loosely referred to as 'ever-greening', this can be done by a proper application of patentability criteria as present in the current patent regime.

II (A) 4. Lastly, it is important to distinguish the phenomenon of 'evergreening' from what is commonly referred to as 'incremental innovation'. While 'ever-greening' refers to an undue extension of a patent monopoly, achieved by executing trivial and insignificant changes to an already existing patented product, 'incremental innovations' are sequential developments that build on the original patented product and may be of tremendous value in a country like India. developments that build on the original patented product and may be of tremendous value in a country like India.

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