Open Access Research Article
Patent Protection versus Access to Medicines: A Critical Study of Indian Patent Law
Abstract
The
connection between patent protection and getting medicines is one of the
problems in today’s intellectual
property law. Drug patents are supposed to push companies to create medicines by giving the people who make them the only right to sell them for
a certain time. This kind of control
can also stop other companies
from joining the market make medicine
cost a lot and make it hard for people to get needed treatments,
especially in poor and medium income countries. India is special in this discussion because it can make medicines
in amounts it helps provide
cheap copies of medicines and it has laws that stop companies from having too
much power. This article looks closely at the Indian Patents Act, 1970 focusing
on Section 3(d) the rules for making
medicines without permission in Sections 84 and 92 and the chances to argue
against a patent before and after it is given. It also talks about the
exceptions for experiments and rules in Section
107A. It studies the Supreme Court’s decision in Novartis AG
v.
Union of India from 2013 and the Bombay High Court’s decision in Bayer
Corporation v. Union of India from 2014. Looks at what these decisions mean for
making new medicines and keeping people healthy. The article also looks at
Indias duties under the TRIPS agreement the Doha Declaration on TRIPS and
Public Health and the changes in the Patents Rules, 2003. It says that Indian
patent law has a way to balance new medicines and public health but the success of this way depends on checking
patents carefully making it easy to argue against them sharing information
about medicines and using the option to make medicines without permission in the right way. The
article ends by suggesting changes, to the law and the system to help people get
medicines better without stopping
companies from making medicines.
Published Paper
Author Details
Authors: SHWETA KUMARIRegistration ID: 1013547 | Published Paper ID: IJLRA13547Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
Patent Protection versus Access to Medicines: A Critical Study of Indian Patent Law
Authors: SHWETA KUMARI
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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