An Exploration of Compulsory Licensing as an Effective Policy Tool for Antiretroviral Drugs in India

34 Pages Posted: 28 Jan 2014

See all articles by Dipika Jain

Dipika Jain

O. P. Jindal Global University - Jindal Global Law School (JGLS)

Jonathan J. Darrow

Harvard Medical School

Date Written: 2013

Abstract

Access to affordable drugs for the treatment of HIV/AIDS and other diseases is increasingly challenging in many developing countries such as Brazil, South Africa, and India. These challenges are in part the result of strengthened patent laws mandated by the 1994 Trade-Related Aspects of Intellectual Property Rights (TRIPS) treaty. However, there are underutilized instruments within TRIPS that governments can use to limit the adverse effects of patent protection and thereby ensure a supply of affordable generic drugs to their people. One such instrument is compulsory licensing, which allows generic manufacturers to produce pharmaceutical products that are currently subject to patent protection.

Keywords: Patent, Pharmaceutical, Essential Medicines, Compulsory Licensing, TRIPS, Intellectual Property

Suggested Citation

Jain, Dipika and Darrow, Jonathan J., An Exploration of Compulsory Licensing as an Effective Policy Tool for Antiretroviral Drugs in India (2013). Health Matrix: Journal of Law-Medicine, Vol. 23, No. 2, 2013, Available at SSRN: https://ssrn.com/abstract=2385764

Dipika Jain (Contact Author)

O. P. Jindal Global University - Jindal Global Law School (JGLS) ( email )

Jindal Centre 12 Bhi12 Bhikaiji Cama Place
Near Jagdishpur Village
New Delhi, Uttar Pradesh/Haryana 110 066
India

Jonathan J. Darrow

Harvard Medical School ( email )

25 Shattuck St
Boston, MA 02115
United States

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