Agreement Patent Holder

However, in 2005, its obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) forced India to amend its legislation to protect medicines Product patent protection. In trying to meet competing requirements for low-cost drugs and effective intellectual property protection, the Indian government created a law that only protected drugs if they were brand new chemicals or if they improved the therapeutic "efficacy" of known substances. This law, codified in section 3(d) of the Patent (Amendment) Act 2005,7, did not sit well on some MNCs, including the Swiss company Novartis. After the refusal of a patent for its leukemia drug Glivec, Novartis challenged the validity of Section 3(d) under TRIPS and the Indian Constitution. .