Resistance and Consistent: Access to Medicines and Patent Law Reform in India and China

2016 ◽  
Author(s):  
Yuan Qiong Hu
Author(s):  
Akanksha Jumde ◽  
Nishant Kumar

This chapter aims to trace the development of patent law regime in India and analyze its evolution in response to globally-influential intellectual property framework, such as TRIPS and pressure from the developed countries US and Europe to open up her markets to permit cash-rich pharmaceutical companies to sell their drugs and receive patent protection in India. An observation of the legislative actions and judicial responses reveal that both the parliament and the supreme echelons of the judiciary have been tediously careful in protecting the healthcare needs of the poor by promoting the generic drug industry through a guarded interpretation of Section 3(d) of Patents Act, 1970. The objective of the chapter is to critically analyze the legislative reforms and judicial interpretations of patent law in light of the socio-economic needs of the country.


Nature ◽  
1944 ◽  
Vol 153 (3888) ◽  
pp. 553-553
Keyword(s):  

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