[Ip-health] Novartis judgement: is it time to review TRIPS?

Sudip Chaudhuri sudip1953 at gmail.com
Sat Apr 20 10:12:15 PDT 2013

What is most remarkable about India’s Supreme Court judgement on the
Novartis patent application is that it has gone beyond the specific
technical and legal issues surrounding the patent dispute and has put the
matter in a much larger political economic perspective.

The deeper implication of the judgement is that it is not only justified to
deny patents when incremental innovation is trivial as in this case. The
judgement has linked the entire question of patenting with net benefits to
society and has highlighted the relevance of specific conditions of a
country for deciding the appropriate patent regime. What it says and
implies do provide a justification for a review of TRIPS.

This is the link to my article which has been published in the Economic and
Political Weekly:

Interested readers unable to access it may email me for a copy.


Sudip Chaudhuri
Professor of Economics
Indian Institute of Management Calcutta
Joka, Kolkata 700 104
Phone 91-33-24678300-to-04 (Work)
Phone 91-33-24663433 (Home)
Other email: sudip at iimcal.ac.in

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