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EPHA Briefing note on TRIPS, access to medicines and the Novartis case

On January 2006 the Indian authorities rejected an application to patent filed by Novartis on the grounds that the drug was a new form of an old drug, and therefore was not patentable under Indian law.

In other countries where Novartis has a patent, the drug is sold at $2,600 per patient per month. In India, generic versions of this drug are available for less than $200 per patient per month.

Novartis is therefore trying to have the patent decision overturned so that it can sell the drug at the same price in India as in other countries.

The international health community has been mobilised and is putting pressure in Novartis and relevant international organisations. The outcome of the case could influence TRIPs and access to medicines.

This briefing paper addresses the following issues:

- What are TRIPs?

- How and when are rules on TRIPS decided?

- How does Intellectual Property protection deny access to medicines?

- What is the Novartis vs. India case about?

- Are there other relevant cases?

-  WTO amends the TRIPS agreeement on access to medicines

Last modified on May 2 2007.

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