Exploring the Flexibilities in TRIPS: Lessons from India's Pharmaceutical Patent Law

(2015) 41:1 Commonwealth Law Bulletin 82-106.

Posted: 29 May 2015

See all articles by Emmanuel Kolawole Oke

Emmanuel Kolawole Oke

Edinburgh Law School, University of Edinnburgh

Date Written: July 31, 2014

Abstract

This article examines the extent to which the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) permits countries to utilize two key flexibilities, i.e. the exclusion of new forms of known drugs from patent protection and local working requirements to facilitate access to affordable medicines and foster domestic pharmaceutical innovation. It examines how India has implemented and recently utilized these two key flexibilities and concludes with the view that other developing countries can equally follow the Indian model.

Keywords: TRIPS Agreement, Evergreening, Section 3(d), Local Working Requirements, India, Developing Countries, Pharmaceutical Patent Law

JEL Classification: O34

Suggested Citation

Oke, Emmanuel Kolawole, Exploring the Flexibilities in TRIPS: Lessons from India's Pharmaceutical Patent Law (July 31, 2014). (2015) 41:1 Commonwealth Law Bulletin 82-106., Available at SSRN: https://ssrn.com/abstract=2611076

Emmanuel Kolawole Oke (Contact Author)

Edinburgh Law School, University of Edinnburgh ( email )

Old College
South Bridge
Edinburgh, Scotland EH8 9JY
United Kingdom

HOME PAGE: http://www.emmanueloke.com

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