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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 New Patent Regime

The New Patent Regime

The Activists and Their Allies

(p.36) 2 The New Patent Regime
India and the Patent Wars

Murphy Halliburton

Cornell University Press

This chapter examines efforts to resist the implementation of the new patent regime in India out of concern for the price of essential medicines. The Indian pharmaceutical sector has been a principle source of low cost medicines for developing countries, but may no longer be able to produce inexpensive copies of medications patented elsewhere. India’s WTO-compliant patent law has a silver lining, however, since it requires companies to demonstrate increased effectiveness of new drugs over the standard of care, provisions against “evergreening” of patents that are not required by US patent laws. Activists in India have been able to defeat several recent patent applications under this provision. The pharmaceutical giant Novartis challenged this provision in the Indian Supreme Court while at the same time the company was holding patents for medical products that were derived from India’s indigenous ayurvedic medical system.

Keywords:   activists, resistance, Lawyers Collective, Novartis, essential medicines

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