Tag Archives: Patent

Compulsory Licensing in India: A historic move to make drugs affordable

The government’s decision to grant a compulsory licence for the manufacture of an important anti-cancer drug should be the first step towards making available essential drugs at little or no direct cost.

Read more: The Hindu, March 14, 2012

Product monopolies and high medicine prices back in India

“Product monopolies and high prices are back in India. The MNCs have started marketing new patented drugs at exorbitant prices particularly for life threatening diseases such as cancer…….” Read more here.

The paper “Multinationals and Monopolies: Pharmaceutical Industry in India after TRIPS” by Prof. Sudip Chaudhury from IIM Calcutta attempts to look at the MNC’s behaviour in post TRIPS scenario to show that days of product monopolies are back in India. Access this paper here

Source: http://donttradeourlivesaway.wordpress.com

“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