In a very significant observation, the Apex Court has as recently as on October 29, 2021 in a learned, laudable, landmark and latest judgment titled The State of Jammu and Kashmir vs Dr Saleem Ur Rehman in Criminal Appeal No. 1170 of 2021 in exercise of its criminal appellate jurisdiction observed without mincing any words... Continue Reading.
Zolgensma and the Inadequacies of the Compulsory Licensing Regime Poster for Zolgensma In a guest post, Akhil wrote about Zolgensma, Novartis’ gene therapy medication prescribed for treatment of Spinal Muscular Atrophy (‘SMA’). Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in... Continue Reading.
It is good to learn that the Apex Court has most recently in a learned, laudable, landmark and latest judgment titled Dumya Alias Lakhan Alias Inamdar, Etc vs State of Maharashtra in Criminal Appeal Nos. 818-820 of 2021 in S.L.P. (CRL.) Nos.6044-6046 of 2021 (Arising out of Diary No(s).43190 of 2019) delivered just recently on August... Continue Reading.
Monday August 9, 2021. BY IndiaLaw Research | Civil The Supreme Court in South Eastern Coalfields Ltd & Others vs. M/s S Kumar’s Associations AKM (JV) ruled that a Letter of Intent (“LoI”) is not a binding contract unless such an intention is evident from its terms. The Supreme Court observed, “The judicial views before... Continue Reading.
Madras HC on the Right to be Forgotten: A Welcome Development? Forget-me-not (Myosotis arvensis). Hand drawn botanical vector illustration In Part I of a two-part guest post, Sriya Sridhar discussed a Madras High Court case where the petitioner sought his name to be redacted from a judgment in a case where he was ultimately acquitted... Continue Reading.
Eli Lilly’s Logo (image from here) A recent report by The Print revealed that Indian drugmaker Bajaj Healthcare (‘BH’) has applied to the Patent Office for a compulsory license to manufacture Eli Lilly’s Baricitinib. At the moment, the application itself or any response from Eli Lilly to its filing is unavailable, but the report provides... Continue Reading.
Image from here May 2021 has been an interesting month so far for compulsory licenses. First the Supreme Court inquired about the Government’s position on issuing CLs for COVID-19 related drugs and vaccines, then Natco filed an application requesting a compulsory license for Baricitinib. This is followed by Delhi HC’s interim order, where it too... Continue Reading.
Topical Highlights Pic of package cover for olumiant baricitinib Natco Files Compulsory Licence Application for Covid Drug Baricitinib? Swaraj wrote about Natco’s application for a compulsory license to manufacture the drug Baricitinib. He reports that the application points to studies showing that Baricitinib in combination with Remdesivir is more effective for patients with Covid 19,... Continue Reading.
In an interesting development, Natco has approached the Controller of Patents for a Compulsory Licence under Section 92 of the Patents Act, for the drug Baricitinib. The 12 page application is available here. Baricitinib is generally used to treat diseases like rheumatoid arthritis and has been “reportedly approved” (as per the application) for such use... Continue Reading.
Representative image of Covid vaccine (from here) A couple of days ago, I wrote about the Supreme Court’s first hearing in the suo motu Covid-19 case that took place on 30th April, discussing the questions raised by the bench. The interim order resulting from this hearing is now out. The order discusses the implementation of... Continue Reading.