Judicial Interventions for IPRs in India

In Bayer Corporation Vs. Union of India (2009), the Court held that there is no Drug Patent Linkage mechanism in India and only the Controller of Patents has the authority to determine patent standards. It was also held that mere market approval of a drug does not lead to patent infringement and the jurisdiction of which does not lie with Drug authorities.

  • Novartis v. Union of India & Others 2013, is a landmark decision by a two-judge bench of the Indian Supreme Court on the issue of whether Novartis could patent Gleevec, a cancer drug, in India. The Supreme Court case ....
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