1. Patented Medicines Vs. Right to Health- Harshavardhan Yadav
Abstract
Health is one of the fundamental basic needs of all human being. The right to life includes the right to health. The Constitution as well as International Covenants and treaties relating to Human Rights recognize that the right to health would encompass a number of elements from prevention to cure to access to drugs. However, the introduction of product patent from 1st January 2005, gives a monopoly to the patent owner for the production of patented article during the term of the patent (20 years). Therefore, product patent protection for medicines and agro-chemicals creates monopoly and eliminates competition in the pharmaceutical market. Drug companies often abuse the patent monopoly and fix exorbitant prices for the patented medicines. Thus reduces accessibility and affordability of drugs consequentially denial of access to medicines to the poor across the India. In order to harmonize, the conflicting interests’ judicious use of provisions like compulsory license and other measures such as Drug Subsidies, Price Control Mechanism, and Price Ceilings is required.
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Abstract
Health is one of the fundamental basic needs of all human being. The right to life includes the right to health. The Constitution as well as International Covenants and treaties relating to Human Rights recognize that the right to health would encompass a number of elements from prevention to cure to access to drugs. However, the introduction of product patent from 1st January 2005, gives a monopoly to the patent owner for the production of patented article during the term of the patent (20 years). Therefore, product patent protection for medicines and agro-chemicals creates monopoly and eliminates competition in the pharmaceutical market. Drug companies often abuse the patent monopoly and fix exorbitant prices for the patented medicines. Thus reduces accessibility and affordability of drugs consequentially denial of access to medicines to the poor across the India. In order to harmonize, the conflicting interests’ judicious use of provisions like compulsory license and other measures such as Drug Subsidies, Price Control Mechanism, and Price Ceilings is required.
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2. Intellectualizing Property Discourse : A Long March Ahead- Debasis Poddar (Presented on World IP Day 2014)
Abstract
Today, April 26, is a day that is celebrated as Intellectual Property (IP) day by World Intellectual Property Organization (WIPO) since 2000. The day coincides with date of the Convention establishing WIPO coming into effect in 1970 and thereby being celebrated as a day to spread awareness on diverse issues vis-à-vis IP and allied rights. Despite rushing toward so called free economy with the liberalization-privatization-globalization (LPG) agenda, developing hemisphere is yet to internalize IP discourse as integral part of its larger project and India is no exception to this end. Therefore, celebration of IP day seems imperative to spread awareness in academia and in public on IP rights and wrongs against IP in general. Also, the author did contemplate upon diverse areas of traditional knowledge (TK) that refers to so called IP sans rights and thereby left to theft. With special reference to State of Jharkhand, an indigenous state on Chotanagpur plateau in the Republic of India, traditional knowledge constitutes the focus of World IP day in particular with cultural heritage of the tribal community in its default forest habitat.
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Abstract
Today, April 26, is a day that is celebrated as Intellectual Property (IP) day by World Intellectual Property Organization (WIPO) since 2000. The day coincides with date of the Convention establishing WIPO coming into effect in 1970 and thereby being celebrated as a day to spread awareness on diverse issues vis-à-vis IP and allied rights. Despite rushing toward so called free economy with the liberalization-privatization-globalization (LPG) agenda, developing hemisphere is yet to internalize IP discourse as integral part of its larger project and India is no exception to this end. Therefore, celebration of IP day seems imperative to spread awareness in academia and in public on IP rights and wrongs against IP in general. Also, the author did contemplate upon diverse areas of traditional knowledge (TK) that refers to so called IP sans rights and thereby left to theft. With special reference to State of Jharkhand, an indigenous state on Chotanagpur plateau in the Republic of India, traditional knowledge constitutes the focus of World IP day in particular with cultural heritage of the tribal community in its default forest habitat.
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