This case has been reviewed by the Supreme Court, which upheld this court’s verdict. The Petitioner, Novartis, had its patent application rejected by the relevant statutory authority, the Controller General of Patents and Designs (Patent Controller) because did not comply with the requirements of section 3(d) of the Indian Patent (Amendment) Act, 2005 (the Act). …Read more

The Public Prosecutor’s Office of Santa Catarina filed a public action to compel the State of Santa Catarina to provide pharmaceuticals to a needy individual, for the treatment of his hepatitis B and C. The Court of Justice found that the Public Prosecutor’s filing of the action had been illegitimate. The Public Prosecutor then filed …Read more

The State of Espírito Santo filed an extraordinary appeal against the decision of the Court of Justice of Espírito Santo. The Court of Justice found that the State was responsible for providing all medicine and medical assistance required for the treatment of an individual’s serious disease, including the drug Viagra. The State argued that the …Read more

The State of Pernambuco filed an interlocutory appeal against the Court of Justice of Pernambuco’s decision, refusing to admit an extraordinary appeal. The Court of Justice of Pernambuco found that the State was responsible for providing medication and health services to a needy individual suffering from chronic disease. The State argued that the constitutional obligation …Read more

The author of the communication was the wife of the alleged victim, a Cameroon citizen. The author alleged that a group of police officers broke into her house without a warrant, claiming to be looking for a gun,  and began beating her husband (as well as battering the author, who was in an advanced state …Read more

In this constitutional challenge, the Applicants, including the Affordable Medicines Trust, applied for leave to appeal directly to the Constitutional Court an order of the High Court, which dismissed their constitutional challenge of certain aspects of a Government licensing scheme. The licensing scheme provided that health care providers, such as medical practitioners and dentists, could …Read more

Appellant alleged that a resolution issued by the General Directorate of Pharmacy and Chemical Products (GDPCP) violated provisions in Spain’s Law of Medicines and General Law of Health by restricting the distribution of the pharmaceutical Rebetol for reasons other than objective reasons of health. When new pharmaceutical drugs were developed in Spain, owners of the …Read more

T.D.Z. suffered from cancer and was prescribed an active treatment in 1998, which obtained good results. In 2002, T.D.Z. required chemical injections in order to induce binding menopause after which she was required to take hormone replacements. The Ministry of Health, however, was unable to provide T.D.Z. with the injections (Zodalex®) for April and May …Read more

In 2001, Peru’s Department of Health approved the emergency oral contraceptive and resolved to provide it at no charge throughout the nation. Following cases of repeated noncompliance with this resolution, plaintiffs initiated this legal action to enforce compliance. Specifically, the petitioners asserted that the mandates whose compliance they were demanding were: (1) To ensure a …Read more

An urgent application was filed on behalf of fifteen prisoners living with HIV/AIDS who required antiretroviral (ARV) treatment while incarcerated at the Westville Correctional Centre (WCC) in KwaZulu-Natal province. The Applicants were acting in their individual capacities and as representatives of the class of prisoners incarcerated at WCC. The sixteenth applicant was the Treatment Action …Read more