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Novartis In India Innovation Versus Affordability Case Solution

Solution Id Length Case Author Case Publisher
2066 444 Words (3 Pages) Anand Nandkumar, Charles Dhanaraj, Mridula Anand Ivey Publishing : W12445
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Novartis could opt for collaboration with other foreign pharmaceutical companies that face similar difficulties regarding the weak intellectual property rights protection prevalent in India. The company could further gather support from its western subsidiaries as well, where Glivec is successfully patented.

Following questions are answered in this case study solution:

  1. In the event that the Supreme Court rules against Novartis (i.e., the company fails to get a patent on their drug), what alternate strategies should the company consider?

Case Study Questions Answers

Most of these countries have a substantial presence in the international agency of the World Trade Organization (WTO). Hence, they could make a valid case against the Indian government regarding the fragile state of the intellectual property rights protection framework. They could also exert a sizable amount of pressure on India by demanding that the current intellectual property rights framework is inconsistent with the expectations, guidelines, and regimes as laid out by the World Trade Organization.

Novartis could also opt for other intellectual property protection strategies that are not as robust as a patent but are viable strategies in ensuring knowledge protection. For instance, using complimentary assets to augment non-imitability of unpatented products. This entails the sale of the product to be dependent upon diversified capabilities that are detached from the product formula. A stronger relationship between the product and its complimentary assets will translate to higher chances of inimitability by competitors. These capabilities can include an efficient distribution network, exclusive client contracts, or other inter-related organizational resources essential to the sale of the product in the Indian market.

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