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An exploration of compulsory licensing as an effective policy tool for antiretroviral drugs in India

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Bibliographic Details
Title: An exploration of compulsory licensing as an effective policy tool for antiretroviral drugs in India
Authors: Jain, Dipika, Darrow, Jonathan J.
Source: Health matrix (Cleveland, Ohio : 1991). 23(2)
Publisher Information: Case Western Reserve University School of Law Scholarly Commons, 2014.
Publication Year: 2014
Subject Terms: Administration of drugs -- Law & legislation, Drug laws & regulations -- India, Pharmacists -- Licenses, Antiretroviral agents -- Therapeutic use, Administration of drugs -- Government policy, Intellectual property -- India, Patents as Topic, 03 medical and health sciences, 0302 clinical medicine, Anti-Retroviral Agents, Drugs, Generic, Humans, India, HIV Infections, 0305 other medical science, Health Law and Policy, Health Services Accessibility, 3. Good health
Description: 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. Compulsory licensing has been used by a number of countries in the last few years, including the United States, Canada, Indonesia, Malaysia, Brazil, and Thailand, and is particularly significant for countries such as India, where large numbers of people are infected with HIV. This Article explores the feasibility of compulsory licensing as a tool to facilitate access to essential medicines within the current patent regime in India, drawing on the experiences of other countries.
Document Type: Article
File Description: application/pdf
Language: English
ISSN: 0748-383X
Access URL: https://pubmed.ncbi.nlm.nih.gov/24341078
Accession Number: edsair.pmid.dedup....ef19b374c3276add87afee826c1f774c
Database: OpenAIRE
Description
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. Compulsory licensing has been used by a number of countries in the last few years, including the United States, Canada, Indonesia, Malaysia, Brazil, and Thailand, and is particularly significant for countries such as India, where large numbers of people are infected with HIV. This Article explores the feasibility of compulsory licensing as a tool to facilitate access to essential medicines within the current patent regime in India, drawing on the experiences of other countries.
ISSN:0748383X