Leaked UK-India Draft FTA Text: Eyes On Provision That Felled Glivec Patent
A leaked draft intellectual property chapter, purported to be the UK’s opening proposal, from a planned bilateral free trade agreement with India features several controversial provisions. These include nullifying an Indian regulation that disallows patents for "incremental" inventions, requirements around mandatory disclosures on the working of patents, as well as the introduction of data exclusivity. Legal experts weigh in on some of these long-standing contentious issues.
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A public interest litigation (PIL) has brought back to focus a seemingly contentious issue around mandatory disclosures pertaining to the working of patents in India.
Novartis India's vice chairman and managing director Ranjit Shahani once joked that almost every passenger even on a "Virar fast local" knows about the company and its anticancer, Glivec (imatinib mesylate), with the backdrop of the Supreme Court ruling last year rejecting a patent for the product and high decibel allegations by activists that the Swiss company was attempting to get the legal framework for examining patent applications in India relaxed.
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