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India and the Patent WarsPharmaceuticals in the New Intellectual Property Regime$
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Murphy Halliburton

Print publication date: 2017

Print ISBN-13: 9781501713460

Published to Cornell Scholarship Online: September 2018

DOI: 10.7591/cornell/9781501713460.001.0001

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The Invention and Expansion of Intellectual Property

The Invention and Expansion of Intellectual Property

(p.21) 1 The Invention and Expansion of Intellectual Property
India and the Patent Wars

Murphy Halliburton

Cornell University Press

This chapter depicts the emergence of the concept of intellectual property starting with analyses of intangible property in pre-capitalist societies and the development of patents and copyrights in 15th-18th century Europe. Court decisions that expanded the scope of intellectual property in the last few decades in the U.S. are presented followed by a review of the development of patent treaties from the Paris Convention of 1883 to the current World Trade Organization TRIPS legislation which required a rewriting of patent laws in India and around the world. India’s 1970 Patents Act, the reigning law until the TRIPS regime, prohibited product patents on medications, allowing only patents on the process for making a drug in order to prevent monopoly control of medications. In 2005, India had to change its law to comply with the WTO by allowing product patents and exclusive market control of medications.

Keywords:   intellectual property, patent treaties, World Trade Organization, TRIPS (Trade Related Aspects of Intellectual Property), India, pharmaceutical companies

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