PHARMACEUTICAL PATENTING IN INDIA:PROBLEM OF PUBLIC ACCESS TO HEALTH
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 progress of science and technology by conferring a title upon an inventor to make, use or sell an invention, for a limited period. Out of seven areas of intellectual properties, patent is the most important and controversial issue because of it wide ranging implications to the drugs and pharmaceutical industries of the developing countries.2Patent play an important role in the cost of drugs developed after around 1980. They are, of course, critical to question raging around the world of how to provide affordable access to drug since without patents there would be far fewer drugs around for people to access. Moreover, the patent system is designed to require that those who need new drugs bear the cost of their development.3Drug patenting allows pharmaceutical companies to legally protect, patent, the components of the drugs they create in their research labs. Drugs that are patented are protected from competition, as other companies cannot use the same mixture of ingredients to create competing drugs. Drugs and pharmaceutical items may be patented but the exclusivity promised by a patent may cause hardship on the part of the public due to the higher price of the brand name drug. This has caused political strife across the world.4
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 progress of science and technology by conferring a title upon an inventor to make, use or sell an invention, for a limited period. Out of seven areas of intellectual properties, patent is the most important and controversial issue because of it wide ranging implications to the drugs and pharmaceutical industries of the developing countries.2Patent play an important role in the cost of drugs developed after around 1980. They are, of course, critical to question raging around the world of how to provide affordable access to drug since without patents there would be far fewer drugs around for people to access. Moreover, the patent system is designed to require that those who need new drugs bear the cost of their development.3Drug patenting allows pharmaceutical companies to legally protect, patent, the components of the drugs they create in their research labs. Drugs that are patented are protected from competition, as other companies cannot use the same mixture of ingredients to create competing drugs. Drugs and pharmaceutical items may be patented but the exclusivity promised by a patent may cause hardship on the part of the public due to the higher price of the brand name drug. This has caused political strife across the world.4
Bibliography: BOOKS: 1) Feroz Ali Khan, The Law of Patents- with a special focus on pharmaceuticals in India 716 (Lexis Nexis, New Delhi, 2007). 2) ICRA Industry Watch Series, the Indian Pharmaceutical Industry 25 (ICRA Limited, New Delhi, 1999). 3) Prankrishna Pal (ed.), Intellectual Property Rights in India: General Issues and Implications 95 (Regal Publications, New Delhi, 2008). 4) S.K. Verma and Raman Mittal, Intellectual Property Rights: A Global Vision121 (Indian Law Institute, New Delhi, 2004). ARTICLES: 1) “AIDS, Drug Prices and Generic Drugs”, available at: http://www.avert.org/generic.htm (visited on September 14, 2013). 2) Aileen M. McGill, “Compulsory Licensing of Patented Pharmaceutical s: Why a WTO Administrative Body should determine what constitutes a Public Health crisis under the Doha Declaration”, 10 Wake Forest Intellectual Property Law Journal 73 (2009). 3) Anshul Mittal, “Patent Linkage in India: Current Scenario and Need for Deliberation” 15 Journal of Intellectual Property Rights187 (2010). 4) Carlos M. Correa, “Implications of the Doha Declaration on the TRIPS Agreement and Public Health”, Available at: http://www.who.int/medicines/areas/policy/WHO_EDM_PAR_2002.3.pdf (visited on September 14, 2013). 6) Discussion Paper on Compulsory Licensing by Department of Industrial Policy and Promotions(DIPP) available at : http://dipp.nic.in/CL-DraftDiscussion.doc (visited on September 14, 2013). 7) Jaime B. Herren, “TRIPS and Pharmaceutical Patents: the Pharmaceutical Industry vs.the World”, 14 Intellectual Property Law Bulletin 43 (2009-2010) 8) James Thou Gaihii, “The Legal Status of the Doha Declaration on TRIPS and Public Health under the Vienna Convention on the law of treaties,” 15(2) Harvard Journal of Law & Technology 292 (spring, 2002). 9) Joe C Mathew, “Foreign drug firms against compulsory licensing”available at:http://www.business-standard.com/india/news/foreign-drug-firms-against-compulsory-licensing-provisions/410508/ (visited on September 14, 2013). 10) P.T. Jyothi Datta, “Apex Court dismisses Bayer’s appeal in patent linkage case” Available at: http://www.thehindubusinessline.com/todays-paper/tp-corporate/article1027483.ece (visited on September 14, 2013). 11) Roger Bate, “India and the Drug Patent Wars”, available at:http://www.aei.org/outlook/25566 (visited on September 14, 2013).