Intellectual property issues and regimes and the South : the case of India

Date

2008

Journal Title

Journal ISSN

Volume Title

Publisher

IDRC, Ottawa, ON, CA

Abstract

This report traces the background to India’s pharmaceutical sector and the growth of the industry, including trade agreements, patent law and intellectual property rights in terms of access to medicine and essential drugs. The Indian generic manufacturing industry is in a phase of transition. The paper advocates for development of a new strategy for ensuring access to treatment in the post-TRIPS world. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement itself contains flexible mechanisms for balancing access to treatment with the preservation of intellectual property rights, such as compulsory licensing, parallel importation and patent opposition procedures.

Description

Keywords

ESSENTIAL DRUGS, INTELLECTUAL PROPERTY RIGHTS, PATENT LAW, PHARMACEUTICAL INDUSTRY, LEGAL FRAMEWORK, MEDICINES, WTO, TRADE AGREEMENTS, INDIA, SOUTH ASIA

Citation

DOI