An Exploration of Compulsory Licensing as an Effective Policy Tool for Antiretroviral Drugs in India
34 Pages Posted: 28 Jan 2014
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
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