Freedom under TRIPS: India as an Example

ACCESS TO MEDICINE IN THE GLOBAL ECONOMY: INTERNATIONAL AGREEMENTS ON PATENTS AND RELATED RIGHTS, Oxford University Press, 2011

Loyola University Chicago School of Law Research Paper No. 2011-025

37 Pages Posted: 3 Sep 2011

See all articles by Cynthia M. Ho

Cynthia M. Ho

Loyola University of Chicago School of Law

Abstract

This chapter illustrates how individual nations may promote access to medicine while still complying with TRIPS, using India’s patent laws as an example. In particular, this chapter discusses various aspects of India’s patent laws that are intended to promote access to medicine in a post-TRIPS world where patents must be granted. Although TRIPS flexibility may sometimes be constrained by international agreements or pressures, this chapter explores what flexibilities countries should have under TRIPS. Understanding existing flexibilities under TRIPS is important because it provides a foundation to better understand how subsequent obligations may limit these flexibilities.

Keywords: Patent, TRIPS, India, Section 3d, New Use, New Forms of Known Substances, Prior Use, Opposition, Mailbox Application, International Exhaustion, Data Protection, Patent Linkage, Generic Drug

JEL Classification: F13, F14, K11, K19, K20, K29, K33, L52, L65, O34

Suggested Citation

Ho, Cynthia M., Freedom under TRIPS: India as an Example. ACCESS TO MEDICINE IN THE GLOBAL ECONOMY: INTERNATIONAL AGREEMENTS ON PATENTS AND RELATED RIGHTS, Oxford University Press, 2011; Loyola University Chicago School of Law Research Paper No. 2011-025. Available at SSRN: https://ssrn.com/abstract=1921583

Cynthia M. Ho (Contact Author)

Loyola University of Chicago School of Law ( email )

25 E. Pearson
Chicago, IL 60611
United States

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