Comments on: Novartis Persists With Challenge To Indian Patent Law Despite Adversity http://www.ip-watch.org/weblog/2006/10/19/novartis-persists-with-challenge-to-indian-patent-law-despite-adversity/ Original news and analysis on international IP policy Thu, 11 Mar 2010 12:08:20 +0000 http://wordpress.org/?v=2.7.1 hourly 1 By: Swarup Kumar http://www.ip-watch.org/weblog/2006/10/19/novartis-persists-with-challenge-to-indian-patent-law-despite-adversity/comment-page-1/#comment-1324874 Swarup Kumar Fri, 25 May 2007 06:09:55 +0000 http://www.ip-watch.org/weblog/?p=430#comment-1324874 Dear Sir, In my opinion, this article is one of the most comprehensive one I have come across with respect to this matter. In view of the comming into force of the EPC 2000 by December 2007, the pertinency of swiss type "use" claims are either way going to be nullified even in european Union. Moreover, a country like India cannot afford to bear the burden of evergreening patents by interest groups(Read pharmaceutical companies). Social wellfare has to be balanced with the democratic right to make profit. I thefore, seriously doubt that the IPAB would give a decision in favour of Novartis. Section 3 (d) as it exist can be amended but considereing teh unconstitutionality of thsi issue is beyond teh scope of such board. The board can only decide whetehr the decision of teh Controller to not allow Novartis's application was correcty or not. Any update on this issue from your end shall be apreciated. Yours sincerely, Swarup Dear Sir,

In my opinion, this article is one of the most comprehensive one I have come across with respect to this matter.

In view of the comming into force of the EPC 2000 by December 2007, the pertinency of swiss type “use” claims are either way going to be nullified even in european Union.

Moreover, a country like India cannot afford to bear the burden of evergreening patents by interest groups(Read pharmaceutical companies).
Social wellfare has to be balanced with the democratic right to make profit.

I thefore, seriously doubt that the IPAB would give a decision in favour of Novartis. Section 3 (d) as it exist can be amended but considereing teh unconstitutionality of thsi issue is beyond teh scope of such board. The board can only decide whetehr the decision of teh Controller to not allow Novartis’s application was correcty or not.

Any update on this issue from your end shall be apreciated.

Yours sincerely,

Swarup

]]> By: DJ http://www.ip-watch.org/weblog/2006/10/19/novartis-persists-with-challenge-to-indian-patent-law-despite-adversity/comment-page-1/#comment-893981 DJ Wed, 21 Feb 2007 13:29:28 +0000 http://www.ip-watch.org/weblog/?p=430#comment-893981 All western pharmaceutical company research are only PROFIT driven not for patient Health. IF they want to help really pateint then why they are not research in Tropical countries disease like Malareia??? They already know that the third world countries sales not produce enough profit as Develop country. They are already getting healthy profit from develop country then why they are interferring with developing country's market . they all ready said that there is no profit in developing country. All western pharmaceutical company research are only PROFIT driven not for patient Health.
IF they want to help really pateint then why they are not research in Tropical countries disease like Malareia???
They already know that the third world countries sales not produce enough profit as Develop country.

They are already getting healthy profit from develop country then why they are interferring with developing country’s market . they all ready said that there is no profit in developing country.

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