“Mashelkar Report ll underestimates India’s right to define patentability standards”

Mashelkar Report II underestimates India’s right to define patentability standards” – Professor Brook K. Baker, Northeastern U. School of Law, Program on Human Rights and the Global Economy; Health GAP (Global Access Project), October 9, 2009

For the second time, the Mashelkar Committee has misinterpreted India’s flexibility under international law to limit patents of pharmaceutical products to new chemical entities, or new medical entity involving one or more inventive steps………

The Committee has made three fundamental mistakes:

(1) it still incorrectly analyzes India’s flexibilities under TRIPS to define pro-health standards of patentability,

(2) it fails to analyze key TRIPS-minimum patent standards, especially novelty and inventive step, and

(3) it incorrectly concludes that a NCE-only standard of patentability for pharmaceutical products would constitute discrimination against a field of technology and in doing so misinterprets and misapplies the expert analysis of Professor Carlos Correa, an internationally renowned IP specialist.

To read the complete Mashelkar II Report Critique, please visit: http://www.healthgap.org/analysis-of-mashelkar-report.htm

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