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Title: Exploration of compulsory licensing as an effective policy tool for antiretroviral drugs in India
Authors: Jain, Dipika
Darrow, Jonathan J (Harvard Medical School)
Jindal Global Law School
Keywords: Affordable drugs
HIV/AIDS drug patents
Compulsory Licensing-BRICS
Patents Rights: BRICS
Drugs patenting
Trade Related Aspects of Intellectual Property
Issue Date: 31-Dec-2013
Publisher: Case Western Reserve University,
Citation: Jain, Dipika and Darrow, Jonathan J. (2013). Exploration of compulsory licensing as an effective policy tool for antiretroviral drugs in India. Health Matrix: Journal of Law-Medicine Vol.23, No.2: 425-457.
Abstract: Access to affordable drugs for the treatment of HIV/AIDS and other diseases is increasingly challenging in many developing countries such as Brazil, South Africa, and India. These challenges are in part the result of strengthened patent laws mandated by the 1994 Trade-Related Aspects of Intellectual Property Rights (TRIPS) treaty. However, there are underutilized instruments within TRIPS that governments can use to limit the adverse effects of patent protection and thereby ensure a supply of affordable generic drugs to their people. One such instrument is compulsory licensing, which allows generic manufacturers to produce pharmaceutical products that are currently subject to patent protection. Compulsory licensing has been used by a number of countries in the last few years, including the United States, Canada, Indonesia, Malaysia, Brazil, and Thailand, and is particularly significant for countries such as India, where large numbers of people are infected with HIV. This Article explores the feasibility of compulsory licensing as a tool to facilitate access to essential medicines within the current patent regime in India, drawing on the experiences of other countries.
Description: Scopus Index
ISSN: 0748-383X
Appears in Collections:JGU Research Publications

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