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Novartis AG v. Union of India

W.P. Nos. 24759, 24760 of 2006 (2007)

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Novartis AG v. Union of India

Madras High Court of Judicature
W.P. Nos. 24759, 24760 of 2006 (2007)

RW

Facts

The Union of India (India) (defendant) was both a member of the World Trade Organization (WTO) and signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Novartis AG (plaintiff), a corporation resident in another TRIPS Agreement signatory country, applied to have its new drug patented in India. The Indian patent office denied the application, citing a patent statute that India had recently enacted in purported conformance with the TRIPS Agreement’s definition of pharmaceuticals as patentable. Novartis sued India’s government in the Madras High Court of Judicature. Novartis challenged India’s new patent statute as being incompatible with the TRIPS Agreement. Novartis also alleged that the patent office arbitrarily enforced the new statute, in violation of India’s constitution.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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