'Preventing Companies from Getting Fresh Patents for Making Minor Changes to Existing Medicines: Revolutionary Treatment vs. Incremental Improvement. India's Drug Research Market in Danger?
Supreme Court of India, April 1st 2013. ABSTRACT The Supreme Court of India has rejected a plea by Novartis to patent a prima vacie updated version of a cancer drug Glivec. The court ruled that the new version was only slightly different (practice known as 'evergreening') from the initial one. This decision will allow generic drug-makers to continue to sell copies of the drug at far lower prices and ... saving lives. On the second page of the ruling, the Court was at pains to discuss the 'tension' presented in the case, i.e. ' to strike a balance between the need to promote research and development in science and technology and to keep private monopoly (called an ‘aberration’ under our Constitutional scheme) at the minimum. Arguments were made about India ’s obligation to faithfully comply with its commitments under international treaties and counter arguments were made to protect India ’s status as “the pharmacy of the world"'. ...