Question

In August 2007, Chennai High Court passed a landmark judgment that may have far reaching consequences on pharmaceuticals industry, dismissing a writ petition filed by

• A. Ranbaxy
• B. Sandoz
• C. Novartis
• D. Glaxo

Hint:

Think of the Swiss drugmaker that fought, and lost, a court battle over patent rights for its cancer drug Glivec in India.

Answer 1

The Correct Option is C

This question is about a well-known Indian patent-law case from 2007 that had a major impact on how generic medicines are made available in India. The key is remembering which multinational pharmaceutical company filed the writ petition that was dismissed.

1. Ranbaxy: Ranbaxy is an Indian generic drug maker and was actually one of the companies that benefited from the outcome of this case, rather than the company that filed the petition against the law.
2. Sandoz: Sandoz is a generics arm of Novartis, but it was not the party that filed this particular writ petition before the Madras (Chennai) High Court.
3. Novartis: Novartis, the Swiss pharmaceutical multinational, had challenged Section 3(d) of the Indian Patents Act, which restricts patents on minor modifications of already known drugs, a practice often called evergreening. Novartis wanted patent protection in India for its anticancer drug Glivec (imatinib mesylate) and filed a writ petition arguing that Section 3(d) was unconstitutional and inconsistent with international trade rules. In August 2007, the Madras High Court dismissed this petition, upholding the validity of Section 3(d) and effectively protecting the ability of Indian companies to make affordable generic versions of many drugs.
4. Glaxo: GlaxoSmithKline is a major pharmaceutical company, but it was not the petitioner in this specific case before the Chennai High Court.

Because the Section 3(d) challenge and the Glivec patent dispute are specifically tied to Novartis in this period, the correct company is Novartis.

Let's summarize:

• Novartis challenged Section 3(d) of the Indian Patents Act in a bid to secure patent protection for Glivec.
• The Chennai (Madras) High Court dismissed this petition in August 2007, a decision widely seen as a win for access to affordable generic medicines.

The correct answer is option (C), Novartis.