This presentation will discuss the Indian Novartis litigation challenging the Constitutional validity and scope of the recently added Sec. 3(d) of the Indian Patents Act, 1970. An analysis of this dispute is very important since one of the issues brought forth is India's compliance with TRIPS. Further, this case raises crucial issues with regard to the patentability of formulation inventions, which is linked to the so-called “evergreening” debate.

A presentation given at a 5 days intensive training for practitioners/professionals in Pharma Law & Policy (CSU), 13 – 17 August 2012, 9, at the University of Copenhagen, Frederiksberg Campus.