This judgment reinvites a more thorough scrutiny of the IPR regime under the TRIPS. A cursory economic analysis of IPRs would show that this judgment would lead to a "disincentive" in as far as it would reduce the benefits accruing of incremental innovation. It also leads to the classical "free-rider" paradox, where smaller companies would enjoy the fruits of hefty R&D by larger companies, without sharing any costs.
From a socio-legal perspective, while it has been claimed that IPRs are already scant, and the present patents regime across the world leads to an undersupply of R&D and resulting new drugs, there is "res ipsa" counter from the fact that pharmaceutical companies worldwide are largely running profitably.
A very interesting statement published in the International Herald Tribune in an article on Wikipedia, could be quoted with benefit, "so many things work only in practice, in theory they can never work"

Rishabh Sancheti,
Advocate