Cynthia M. Ho
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780195390124
- eISBN:
- 9780199894536
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390124.003.0004
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter provides a brief overview of TRIPS, with emphasis on provisions that impact patented and generic drugs. In particular, it discusses what TRIPS requires in terms of what must be patented, ...
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This chapter provides a brief overview of TRIPS, with emphasis on provisions that impact patented and generic drugs. In particular, it discusses what TRIPS requires in terms of what must be patented, the scope of patent rights, and how patent rights are enforced for WTO member countries. In addition, it discusses the TRIPS requirement to protect some clinical data. This chapter answers some key questions, such as the following: Does TRIPS establish uniform patent standards? Do all WTO member countries need to provide patents on drugs? Does TRIPS prevent generic companies from relying on data of other companies in seeking regulatory approval? What happens if a WTO member country violates TRIPS?Less
This chapter provides a brief overview of TRIPS, with emphasis on provisions that impact patented and generic drugs. In particular, it discusses what TRIPS requires in terms of what must be patented, the scope of patent rights, and how patent rights are enforced for WTO member countries. In addition, it discusses the TRIPS requirement to protect some clinical data. This chapter answers some key questions, such as the following: Does TRIPS establish uniform patent standards? Do all WTO member countries need to provide patents on drugs? Does TRIPS prevent generic companies from relying on data of other companies in seeking regulatory approval? What happens if a WTO member country violates TRIPS?
Rajshree Chandra
- Published in print:
- 2010
- Published Online:
- October 2012
- ISBN:
- 9780198065579
- eISBN:
- 9780199080120
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198065579.003.0006
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter examines intellectual property rights in the context of the right to health. It presents the Novartis patent claim for the anti-cancer drug ‘Glivec’ in India as a case-study to highlight ...
More
This chapter examines intellectual property rights in the context of the right to health. It presents the Novartis patent claim for the anti-cancer drug ‘Glivec’ in India as a case-study to highlight the infringement of health rights in the context of the high prices of patented drugs, which make vital drugs inaccessible to a vast majority of people, particularly poor people. The case brings to the fore issues of drug patenting, survival of generic drugs, and their impact on access to medicines, which are vital to the preservation of the right to health, an aspect of human rights, as well as a constitutional rights in many countries.Less
This chapter examines intellectual property rights in the context of the right to health. It presents the Novartis patent claim for the anti-cancer drug ‘Glivec’ in India as a case-study to highlight the infringement of health rights in the context of the high prices of patented drugs, which make vital drugs inaccessible to a vast majority of people, particularly poor people. The case brings to the fore issues of drug patenting, survival of generic drugs, and their impact on access to medicines, which are vital to the preservation of the right to health, an aspect of human rights, as well as a constitutional rights in many countries.
