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

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

24 Pages Posted: 21 Mar 2006

See all articles by Shamnad Basheer

Shamnad Basheer

Nirma University - Institute of Law

Tahir Amin

Solicitor - Supreme Court of England and Wales

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.

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

JEL Classification: O34, K00

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: https://ssrn.com/abstract=889868

Shamnad Basheer (Contact Author)

Nirma University - Institute of Law ( email )

Sarkhej-Gandhinagar Highway
Gota
Ahmedabad, Gujarat 382 481
India

Tahir Amin

Solicitor - Supreme Court of England and Wales ( email )

United Kingdom

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