Monday, April 1, 2013

A Patent To India

It is no joke that, on April 1, 2013, in Novartis v. Union of India, the Supreme Court of India denied Novartis an Indian patent claiming its drug Gleevec.  The opinion is fascinating from many angles, including a lengthy consideration of the economic and policy implications of patented and generic drugs.  However, one of the most striking aspects of the decision is the appreciation the court openly shows to the attorneys involved:
196...It was...acknowledged that the illuminating addresses of the counsel were the result of the hard work and painstaking research by the respective teams of young advocates working for each senior advocate.   The presence of those bright young ladies and gentlemen in the court room added vibrancy to the proceedings and was a source of constant delight to us.
Sentiments like these tend to be as alien to U.S. courts as rain to a desert.  One wonders if India would be open to new American members of the bar.  Practice there seems positively civilized.

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