Equitable Licensing and Publicly Funded Research: A Working Model for India?

Southwestern Journal of International Law, Vol. 16, p. 75, 2010

57 Pages Posted: 8 Jun 2010

See all articles by Hafiz Aziz ur Rehman

Hafiz Aziz ur Rehman

ANU College of Law; International Islamic University, Islamabad - Department of Law

Date Written: December 1, 2009

Abstract

The patent law and access to essential medicine debate has come a long way since the adoption of the TRIPS Agreement of 1994, and the focus is now on new and alternative models of pharmaceutical innovation, which can adequately meet the policy objectives of encouraging research & development (R&D) and equitable access. Indian generic medicines play a critical role in various treatment and access to medicines programs and the existing scenario in the Indian pharmaceutical market is bound to change after the implementation of new patent law. Indian government is also considering the introduction of new law that will encourage patents on publicly funded R&D. This article explores the existing models of licensing publicly funded R&D and argues that Indian government should adopt a cautious approach while introducing the new law. The article further argues that alternative incentives and R&D models such as open source and patent pools should be further explored in the Indian context.

Keywords: India, Patent law, TRIPS, Access to Medicines, Pharmaceuticals, Innovation, Open Source, Patent Pool, The Bayh-Dole Act

Suggested Citation

Rehman, Hafiz Aziz ur, Equitable Licensing and Publicly Funded Research: A Working Model for India? (December 1, 2009). Southwestern Journal of International Law, Vol. 16, p. 75, 2010, Available at SSRN: https://ssrn.com/abstract=1621591

Hafiz Aziz ur Rehman (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

International Islamic University, Islamabad - Department of Law

PO Box 1243
Islamabad, Kpk 44000
Pakistan

HOME PAGE: http://www.iiu.edu.pk

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