TY - JOUR
T1 - Exploring the flexibilities in TRIPS
T2 - Lessons from India’s pharmaceutical patent law
AU - Oke, Emmanuel
PY - 2015/3/20
Y1 - 2015/3/20
N2 - This article examines the extent to which the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) permits countries to utilize two key flexibilities, i.e. the exclusion of new forms of known drugs from patent protection and local working requirements to facilitate access to affordable medicines and foster domestic pharmaceutical innovation. It examines how India has implemented and recently utilized these two key flexibilities and concludes with the view that other developing countries can equally follow the Indian model.
AB - This article examines the extent to which the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) permits countries to utilize two key flexibilities, i.e. the exclusion of new forms of known drugs from patent protection and local working requirements to facilitate access to affordable medicines and foster domestic pharmaceutical innovation. It examines how India has implemented and recently utilized these two key flexibilities and concludes with the view that other developing countries can equally follow the Indian model.
U2 - 10.1080/03050718.2015.1023817
DO - 10.1080/03050718.2015.1023817
M3 - Article
VL - 41
SP - 82
EP - 106
JO - Commonwealth Law Bulletin
JF - Commonwealth Law Bulletin
SN - 0305-0718
IS - 1
ER -