The Supreme Court Of India On Evergreening Of Patents

Abstract

This paper focuses on Section 3(d), the historic Novartis case of 2013, adherence to Trade-Related Aspects for Intellectual Property Rights (TRIPS), particularly focusing on the issue of evergreening within the pharma industry. It also conducts a comparison of patent infringement cases in India and the United States. The paper provides an in-depth examination and investigation of important components of the Indian patent law framework. The main goal of the study is to shed light on these legal structures' complex aspects, their effects on creativity, public health, and the availability of necessary medications.

In a detailed analysis of the legal dispute involving Novartis AG and the Union of India, the Novartis case 2013 became a primary focus, highlighting the interpretation and implementation of 3(d) of the Indian Patent Act regarding the medication Gleevec. The fundamental question for evaluation involves how the situation affects healthcare concerns, availability and reasonably priced medication, and obtaining patent standards. This article carefully assesses how well the Indian Patent Act complies with the agreement on TRIPS. It investigates if the provisions of the Act meet global standards and looks at India's flexibility under the treaty, particularly in protecting public health and establishing patent requirements.

This study involves a comparative analysis of patent infringement instances and regulations in the US and India. Furthermore, the study also provides details about the patent enforcement systems across the two jurisdictions by highlighting differences in methods, litigation processes, and case results.