13 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

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

Roma Drug, et al. v. Glaxo SmithKline, et al.

Country: Philippines
Year: 2009
Court: Supreme Court
Citation: G.R. No. 149907
Health Topics: Medicines, Poverty
Human Rights: Freedom from discrimination, Right to health, Right to property
Facts:

The National Bureau of Investigation (NBI) and the Bureau of Food and Drugs (BFAD) raided Roma Drug and five other drug stores at the request of SmithKline Beecham Research Limited (SmithKline), the authorized local distributor for its London-based parent company. In the raid, the NBI and BFAD seized several imported medicines sold by the drug …Read more

Tags: Access to drugs, Access to medicines, Clinical testing, Clinical trials, Drug quality, Drug safety, Drug testing, Generic drugs, Indigent, Intellectual property, Low income, Manufacturing, Patents, Pharmaceuticals, Poor, Spurious medicines, TRIPS
Download Judgment: English

Case 2008-120f

Country: Belgium
Year: 2008
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°2008-120f, 1 September 2008
Health Topics: Medicines
Human Rights: Freedom from discrimination
Tags: Intellectual property, Manufacturing, Patents, Pharmaceuticals, Pricing
Download Judgment: French Flemish

F. Hoffmann-La Rouche Ltd., et al. v. Cipla Limited

Country: India
Year: 2008
Court: High Court of Delhi
Citation: I.A 642/2008 IN CS (OS) 89/2008; 148 (2008) DLT 598, MIPR 2008 (2) 35
Health Topics: Chronic and noncommunicable diseases, Medicines
Human Rights: Right to life
Facts:

The Plaintiffs were the owners of the patented cancer-drug Erlotinib. Erlotinib is a Quinazolin derivative and destroys some types of cancer cells with little secondary effects. The Defendant announced that it was going to sell a generic version of Erlotinib in India and in foreign markets. The Plaintiffs sought a permanent injunction to stop the …Read more

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

Novartis AG v. Union of India

Country: India
Year: 2007
Court: High Court - Madras
Citation: (2007) 4 MLJ 1153
Health Topics: Medicines
Human Rights: Freedom from discrimination, Right to health, Right to life
Facts:

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

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