8 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

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

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

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

Canada – Patent Protection of Pharmaceutical Products

Country: Canada
Year: 2000
Court: World Trade Organization
Citation: WT/DS114/R
Health Topics: Medicines
Facts:

The European Communities and their member States challenged Sections 55.2(1) and 55.2(2) of the Patent Act of Canada, which created exceptions to the exclusive rights of patent owners, as violating provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS” or “TRIPS Agreement”). Under Article 28.1 of the TRIPS Agreement, parties were to ensure patent owners the …Read more

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

India – Patent Protection for Pharmaceutical and Agricultural Chemical Products

Country: India
Year: 1998
Court: World Trade Organization
Citation: WT/DS79/R
Health Topics: Diet and nutrition, Medicines
Facts:

The European Communities (EC) raised issue with India’s efforts to comply with Articles 70.8 and 70.9 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) due to the alleged absence of adequate patent protection for pharmaceutical and agricultural chemical products. Prior to this case, a panel decision addressed the situation in respect to …Read more

Tags: Food, Genetically-modified food, Intellectual property, Manufacturing patents, Patents, Pharmaceuticals, TRIPS
Download Judgment: English
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