India and TRIPS - the question remains

Thanks again to IP-Watch for this report on the Indian decision in a challenge to Indian patent legislation by Novartis.

The aspect of the case of most interest to us was the argument by Novartis that the legislation, which limited patenting in the case of evergreening was inconsistent with India's obligations under TRIPS. But the court made it very clear that it did not have jurisdiction to consider whether national law was consistent with the international treaty, and that this question would need to be considered by the WTO dispute settlement body.

A mouth watering prospect - but it seems that Switzerland, home of Novartis is unlikely to make a complaint. Perhaps another pharmaceutial company, and another country will take a different view?