Law in the Internet Society

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ShyamPalaiyanurFirstPaper 4 - 23 Aug 2014 - Main.EbenMoglen
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I. Introduction

India granted its first compulsory license to an Indian generics manufacturer, Natco, in March 2012. Recently, the Indian patent appellate body upheld the grant of the compulsory license on Bayer’s anti-cancer drug, Nexavar. The issuance of the compulsory license has intensified debate among developing and developed nations over the proper role of intellectual property rights in increasing access to medicines. Developed countries argue that India’s grant violates TRIPS and will lead to less incentive for research on pharmaceuticals. This is because markets in developing countries are a key source of growth for pharmaceutical manufacturers in developed countries. On the other hand, developing countries argues that the TRIPS compulsory licensing provisions serve as a balancing mechanism, allowing strong intellectual property rights while acknowledging the need to increase access to medicines for the poor. India’s grant appears TRIPS compliant, and is an attempt to work around abuses of the patent system, similar to approaches taken in the US.

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