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Intellectual Property Law

Northwestern Pritzker School of Law

Northwestern Journal of International Law & Business

2009

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Indian Patent Law: Walking The Line, Johanna Sheehe Jan 2009

Indian Patent Law: Walking The Line, Johanna Sheehe

Northwestern Journal of International Law & Business

This comment proposes that cultural preferences have had a strong influence over the development of Indian patent law, and that these preferences influenced the court decision against Novartis. Part I will introduce TRIPS and international patent law, discuss the development of Indian patent law in the context of its colonial past and WTO membership, and explain the decisions by the Indian Patent Office and the Court of Madras in the context of Glivec's development. Part II will explore WTO attitudes and approaches to TRIPS and argue that if Switzerland were to bring India to the WTO's Dispute Settlement Board (DSB), …