TRIPS flexibility paper slide

Within the mandate of TRIPS agreement India has set its own patentability standards which define grounds for rejecting a patent and patentee rights. India has in the year 2013 within the precincts of its amended patent laws, which are in alignment with TRIPS, passed two landmark rulings. Natco pharma was issued a compulsory license for manufacturing Bayers drug Nexavar and Novartis’ drug Glivec was not issued patent protection. This article discusses the two cases in light of the TRIPS agreement that provides important flexibilities to a country’s government to decide and set their own standards for patentability.

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