Access to Knowledge in Biotechnology: Can Patent Pooling Work in India?
Abstract
The concern for adequate access to patented knowledge is as old as the history of modern intellectual property rights (IPR). While it was always thought that the poor consumers may not be able to access knowledge, with the internationalization of IPR in particular due to the WTO Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), it was pointed out by many that developing countries would find it difficult to access patented knowledge (Maskus 2000; Giannakas 2001). The issue of access to patented knowledge created in the developed world by the developing countries came to limelight in 1998, when 39 big pharmaceutical companies sued the government of South Africa which was trying to deal with the problem of AIDS by importing drugs from companies which were not authorised licensee to produce these drugs as they were operating in countries that allowed such production. This created a major backlash as NGOs and activists launched a global movement as they thought that this move by the companies would undermine the efforts to combat the AIDS crisis (IEGBIIP 2008)...
Description
"Patent Pooling and Access to Knowledge"
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Working Paper
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Text
Keywords
INTELLECTUAL PROPERTY, ACCESS TO PATENTED KNOWLEDGE, BIOTECHNOLOGY, PATENT POOLS