21 judgments found.

Bayer Corporation v. Union of India, et al.

Country: India
Year: 2014
Court: High Court of Bombay
Citation: Writ Petition No. 1323 of 2013
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to health
Facts:

Bayer Corporation (Bayer) challenged the order(s) of 2012 and 2013 passed by the relevant statutory authority, the Controller of Patents (the Controller), granting a Compulsory License to Natco Pharmaceuticals Limited (Natco) of the drug Nexavar. Bayer developed the drug to treat patients suffering from kidney cancer. In 2008, the Controller granted a patent to Bayer …Read more

Tags: Access to drugs, Access to medicines, Cancer, Generic drugs, Intellectual property, Kidney disease, Manufacturing, Patents, Pharmaceuticals, Pricing, TRIPS
Download Judgment: English

Novartis AG v. Union of India

Country: India
Year: 2013
Court: Supreme Court
Citation: Civil Appeal Nos. 2706-2716 of 2013
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to health
Facts:

In 1998, Novartis AG, a multinational pharmaceutical company based in Switzerland, filed a patent application in India for the beta-crystalline form of imatinib mesylate, a drug used to treat chronic myeloid leukaemia, a type of blood cancer. In 2005, the Chennai Patent office heard patent oppositions to this application, including one filed by the Cancer …Read more

Tags: Access to drugs, Access to medicines, Cancer, Generic drugs, Intellectual property, Manufacturing, Patents, Pharmaceuticals, Pricing, TRIPS
Download Judgment: English

Cipla Medpro Ltd. v. Aventis Pharma SA

Country: South Africa
Year: 2012
Court: Supreme Court of Appeal
Citation: Case No: 139/2012 and Case No: 138/2012; [2012] ZASCA 108
Health Topics: Chronic and noncommunicable diseases, Health systems and financing, Medicines
Human Rights: Right to health
Facts:

Aventis, a pharmaceutical company, applied for a preliminary injunction against infringement of its patent on its cancer drug Taxotere in order to restrain Cipla, an Indian pharmaceutical company, from importing, manufacturing or selling Cipla’s generic equivalent of the drug. Prior to this, Cipla had applied for revocation of Aventis’ amended patent on a number of …Read more

Tags: Access to drugs, Cancer, Generic drugs, Health insurance, Intellectual property, Out-of-pocket expenditures, Patents
Download Judgment: English

Ochieng v. Attorney General

Country: Kenya
Year: 2012
Court: High Court of Kenya (Nairobi)
Citation: Petition No. 409 of 2009
Health Topics: HIV/AIDS, Medicines
Human Rights: Right to health, Right to life, Right to privacy
Facts:

The petitioners were Kenyan citizens living with HIV/AIDS. They petitioned seeking a declaration that the fundamental rights of life, human dignity and health as protected and envisaged by the Constitution, encompassed access to affordable and essential drugs and medicines, including generic HIV/AIDS drugs. The petitioners also sought a declaration that the Anti-Counterfeit Act, 2008 and …Read more

Tags: Access to drugs, Access to health care, AIDS, Essential medicines, Generic drugs, HIV, HIV positive, Intellectual property, Patents, People living with HIV/AIDS, Pricing, TRIPS
Download Judgment: English

Patricia Asero Ochieng, et al. v. Attorney General, et al.

Country: Kenya
Year: 2012
Court: High Court at Nairobi
Citation: Petition 409 of 2009
Health Topics: Child and adolescent health, HIV/AIDS, Medicines, Poverty
Human Rights: Right to health, Right to life
Facts:

The Petitioners were citizens of Kenya living with HIV. They claimed that provisions of the Anti-Counterfeiting Act, 2008 (the Act) severely restricted access to affordable, essential medicines, including generic medicines for HIV-related diseases, in violation of their fundamental rights to life, dignity and health protected under articles 26(1), 28 and 43 of the Constitution of …Read more

Tags: Access to drugs, Access to medicines, AIDS, Antiretrovirals, ARVs, Children, Drug quality, Drug safety, Essential medicines, Generic drugs, HIV, HIV positive, Intellectual property, Manufacturing, Minor, Patents, Pediatric health, People living with HIV/AIDS, Pharmaceuticals, PLHIV, Poor, Pricing, Spurious medicines, Transmission, Underprivileged
Download Judgment: English

Petition No. 409 of 2009

Country: Kenya
Year: 2012
Court: High Court of Kenya
Health Topics: HIV/AIDS, Medicines
Human Rights: Right to health, Right to life
Facts:

Petitioners were indigent Kenyan citizens that were infected with HIV/AIDS. Petitioners depended on antiretroviral drugs for treatment of their condition; and, because of their poverty, relied on a program administered by the Kenyan government and an NGO for the provision of these drugs at little or no cost. This program could afford to operate as …Read more

Tags: Access to drugs, Access to health care, Access to medicines, AIDS, Generic drugs, Health spending, HIV, People living with HIV/AIDS
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Pliva v. Mensing

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 2567 (2011)
Health Topics: Health information, Health systems and financing, Medicines
Facts:

Metoclopramide is a drug commonly used to treat digestive tract problems such as diabetic gastroparesis and gastroesophageal reflux disorder. In 1980, the Food and Drug Administration (FDA) first approved metoclopramide tablets under the brand name Reglan. Generic manufacturers also began producing metoclopramide five years later. Over its usage history, evidence accumulated that long-term metoclopramide use …Read more

Tags: Disclosure, Drug quality, Drug safety, Generic drugs, Health regulation, Labeling, Non-disclosure
Download Judgment: English

Sorrell v. IMS Health

Country: United States
Year: 2011
Court: Supreme Court
Citation: 131 S.Ct. 2653 (2011)
Health Topics: Health information, Medicines
Human Rights: Freedom of expression, Right of access to information, Right to privacy
Facts:

Pharmacies, “as a matter of business routine and federal law, receive prescriber-identifying information when processing prescriptions.” This “[k]nowledge of a physician’s prescription practices—called prescriber-identifying information,’” enables marketers representing pharmaceutical drug manufacturers (Detailers) to better “ascertain which doctors are likely to be interested in a particular drug and how best to present a particular sales message.” …Read more

Tags: Advertising, Confidentiality, Disclosure, Freedom of information, Generic drugs, Health data, Health records, Medical records, Non-disclosure
Download Judgment: English

Case 335-92 and 359-92

Country: Guatemala
Year: 2010
Court: Constitutional Court [Corte Constitutional]
Citation: Corte Constitucional, accumulated Case Nos. 335-92 and 359-92, May 12, 1993
Health Topics: Controlled substances, Health systems and financing, Medicines, Public safety
Human Rights: Right to health
Facts:

This case was an unconstitutionality action brought by the Guatemalan Association of Pharmacists and Chemists et al. challenging the Liberalization of Importation of Medicines Act. The claimants argued that the Act’s elimination of requirements for imported medicines such as expiration dates, instructions in Spanish, and required government testing violated constitutional competition provisions, intellectual property and …Read more

Tags: Access to drugs, Access to medicines, Addiction, Drug quality, Drug safety, Generic drugs, Health regulation, Intellectual property, Labeling, Manufacturing, Patents, Pharmaceuticals, Pricing
Download Judgment: English Spanish

Case 2009-171

Country: Belgium
Year: 2009
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4611. C. C., n°2009-171
Health Topics: Health systems and financing, Medicines
Human Rights: Freedom from discrimination
Facts:

The applicant pharmaceutical company , which marketed cheaper, generic drugs, brought forward a claim against the “Institut national d’assurance maladie-invalidité” (National Institute for Health and Disability Insurance). The lower court referred a question to the Constitutional Court about whether Article 191 of the law concerning compulsory health insurance and benefits violated the principle of equality, …Read more

Tags: Generic drugs, Health funding, Health insurance, Health regulation, Pharmaceuticals, Pricing, Reimbursement, Social security
Download Judgment: French Flemish
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