Journal Article

Price and prejudice: examining the Glivec glitch

Divya Subramanian

in Journal of Intellectual Property Law & Practice

Volume 5, issue 9, pages 644-649
Published in print September 2010 | ISSN: 1747-1532
Published online July 2010 | e-ISSN: 1747-1540 | DOI: https://dx.doi.org/10.1093/jiplp/jpq080
Price and prejudice: examining the Glivec glitch

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Legal context

The ground of commercial exploitation as rendered and analysed in the Glivec pre-grant opposition appeal heard at Intellectual Property Appellate Board (IPAB) is explored in this article. The author seeks to understand the rationale behind the applicability of the ground, in view of the legislative intent behind the scheme of the Indian Patents Act, while criticizing the applicability of the provision by the IPAB to the case at hand.

Key points

The article attempts to revisit the course of proceedings over the years in the Glivec saga, while criticizing the last decision rendered in the appeal to the pre-grant opposition order. In the author's opinion, the applicability of Section 3(b) of the Patents Act, 1970 is inaccurate in the present case, the reasons for which have been elucidated.

Practical significance

Exclusions from patentability may form a major ground while contesting a pre-grant opposition. The Glivec application was opposed on several grounds including the subject matter being ‘contrary to public order or morality’, owing to the price of the drug. This article looks at the incorrect applicability of the provision in this case, since the threat of the same acting as a precedent to pre-grant oppositions filed on similar grounds cannot be negated.

Journal Article.  4552 words. 

Subjects: Arbitration ; Intellectual Property Law

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