Abstract

The caselet explains the effect that granting Exclusive Marketing Rights (EMR) to multinational companies has had on the Indian pharma industry. It describes how loopholes in the clauses of the Indian Patent Law were exploited by multinational pharma companies such as Novartis.

Learning Objectives

The case is structured to achieve the following Learning Objectives:

• The Indian pharma industry in early 2000s
• Unlawful grant of EMR by the Indian Patent Office
• and Loopholes in granting EMR.

Keywords

World Trade Organization (WTO), trade negotiation agreement, WTO Patent Law, Exclusive Marketing Rights (EMR), mailbox arrangement, IDMA (Indian Drug Manufacturers'Association), Indian Patent Office