The Novartis Decision: A Tale Of Developing Countries, IP, And The Role Of The Judiciary | Intellectual Property Watch
▻http://www.ip-watch.org/2013/04/15/the-novartis-decision-a-tale-of-developing-countries-ip-and-the-role-of-th
The worldwide attention received by the Indian SC ruling and its global implications could represent a turning point. For decades, scholars and students from all over the world spent a considerable time studying decisions by judicial authorities in industrialised countries, in particular those of the US Supreme Court. Several of these decisions marked the emergence of new trends and approaches to intellectual property that, in some cases, would be subsequently incorporated into international agreements and would also heavily influence intellectual property legislations in developing countries.
The Novartis decision might be spearheading a world where judicial decisions from countries such as China, India and Brazil have an increasing global reach and contribute to shaping global approaches to intellectual property. It is also more generally reflective of the growing assertiveness of developing countries, particularly emerging economies, in the current global intellectual property landscape. In the past two years, opposition from these countries was an important factor in the broader mobilization that led to the de facto demise of the Anti-Counterfeiting Trade Agreement (ACTA).
