Novartis court hearing - an update from Chennai

[Guest guest]

Dear all,

Many of you have been waiting for an update on the novartis case.

Gopa Kumar has sent the following information which may be of interest to you.

Chennai, 15 February, 07, From Gopa Kumar, Centre for Trade and Development

Today, the Madras High Court heard the Novartis challenge of the Indian Patent

law. The case has started with arguments being heard by the court. Novartis will

now have an opportunity to argue before the Madras high court in Chennai that

section 3(d) of the Indian Patent Act is not in compliance with TRIPS and that

it violates Article 14 of the Indian Constitution. The Cancer Patients Aid

Association and the generic companies argued that that as far as TRIPS

non-compliance was concerned a domestic court did not have the jurisdiction to

decide the matter.

On the issue of constitutionality of the Indian patent law, the government s

constitutional expert, the Solicitor General of India was not present in court

at the time of arguments. The government has not appointed the Solicitor General

to argue the case, raising serious concerns about the government s intention to

defend the Indian patent law provision that protects against extension of

patent monopolies on essential medicines. In the absence of the government s

legal expert on constitutional matters, Indian parliament s patent law and

patient groups access to affordable medicines is at stake.

The case continues tomorrow.

Gor more information contact:

Gopa Kumar,

Centre for Trade and Development

+ 91 11 9899976104

e-mail: msfh-india-medco-assist@...