Abstract

http://ssrn.com/abstract=889868
 
 

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Taming of the Flu: Working Through the Tamiflu Patents in India


Shamnad Basheer


West Bengal National University of Juridical Sciences

Tahir Amin


Solicitor - Supreme Court of England and Wales


Journal of Intellectual Property Rights, Vol. 2, p. 113, March 2006

Abstract:     
With an impending Avian influenza or bird flu pandemic, the issue of patents and public health has once again taken centre stage. Oseltamivir (known by its brand name 'Tamiflu'), a patented antiviral pill, has emerged as the world's first line of defence against bird flu. A key priority for most nations is to create sufficient stockpiles of this pill that can then be easily distributed and administered during a pandemic. Keeping this end in mind, this paper explores the patent position in India and looks at ways to work around a patent, should one issue in future. The paper recommends various strategies for creating an optimal and affordable stockpile and calls on the government to take a more definite stand in the matter.

Number of Pages in PDF File: 24

Keywords: bird flu, patents, india, roche, cipla, compulsory licensing

JEL Classification: O34, K00

Accepted Paper Series


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Date posted: March 21, 2006  

Suggested Citation

Basheer, Shamnad and Amin, Tahir, Taming of the Flu: Working Through the Tamiflu Patents in India. Journal of Intellectual Property Rights, Vol. 2, p. 113, March 2006. Available at SSRN: http://ssrn.com/abstract=889868

Contact Information

Shamnad Basheer (Contact Author)
West Bengal National University of Juridical Sciences ( email )
12, LB Block, Sector III
Salt Lake City
Kolkata, West Bengal 700 064
India
9818825148 (Phone)
Tahir Amin
Solicitor - Supreme Court of England and Wales ( email )
United Kingdom
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