PHARMACEUTICAL PATENTING IN INDIA:PROBLEM OF PUBLIC ACCESS TO HEALTH

5212 words 21 pages
PHARMACEUTICAL PATENTING IN INDIA:PROBLEM OF PUBLIC ACCESS TO HEALTH

TABLE OF CASES

1) Novartis AG v. Union of India, (2007) 4 MLJ 1153
2) Bayer Corporation & Others v. Cipla, UOI & others, 2009(41) PTC 643 (Del).

INTRODUCTION
A pharmaceutical drug, also referred to as medicine, is a chemical substance used in the medication or in the preparation of medication for treatment, cure, prevention or diagnosis of disease. The definition of the term drug includes articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals and articles, other than food, intended to affect the structure or any function of the body of man or animals.1Patent is a monopoly right which promotes the
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Doha declaration on TRIPS and public health is termed as real victory for the developing countries like India who are demanding the WTO council to consider the public health measures in the developing and the least developed countries on TRIPS minimum standards for patent. In light of the issues and the increasing evidence that patent protection was negatively affecting world health by erecting a barrier between sick people and the medication they need, the WTO amended TRIPS under the Doha Declaration to broaden the criteria to facilitate compulsory licensing of patented pharmaceuticals for countries facing a public health crisis. Furthermore, countries that lack domestic pharmaceutical production abilities may import these medications from countries that produce the medications for them for this purpose.11The Declaration affirms that the TRIPS Agreement does not and should not prevent Members from taking measures to protect public health and it can and should be interpreted and implemented in a manner supportive of WTO member’s right to protect public health and, in particular, to promote access to medicines for all.12The realization of public health becomes, with the Doha declaration, a clearly stated purpose of the agreement. Spelling out some of the available flexibility was the main objective of the declaration. The confirmation that the TRIPS Agreement has left room for

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