The Access Regime: Patent Law Reforms for Affordable Medicines

Hardcover | February 27, 2016

byFeroz Ali

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India's post-TRIPS (Trade Related Aspects of Intellectual Property Rights) patent law reforms, which incorporates a remarkable array of flexibilities, is seen as a counter-harmonization measure in direct opposition to the dominant model of patent law pioneered by the United States. India'sresponse, which represents an alternative model of confirming to the TRIPS Agreement, has seen stiff resistance in the form of counter-provisions in Free Trade Agreements entered by the United States and other countries. Historically, patent systems based on neoliberalism, like the American model,favour individual pursuits whereas patent systems based on social democracy, like the Indian model, focus on community goals. This distinction manifests in the manner in which the role of the public is defined in the patent system. India's model is characterized by the emphasis on the public elements in three significant ways. First, in redefining pre-grant opposition by allowing public participation in questioning the ex ante validity of patents. Second, in protecting the public domain by heightening the standard ofpatentability and requiring the patent applicant to demonstrate technical advance and greater effectiveness of the invention. Third, in providing for compulsory licensing when the public interest is affected by a patent that is not worked locally. The influence of the India's model has come frommimicry by other countries in following the Indian example. Countries like Argentina, Philippines, Brazil, China and South Africa have either emulated or strongly favour following India's path. Such state practices might occasion the re-imagination of the TRIPS Agreement as the Access Regime. This book explains why India took that unique route in patent law, details the provisions made the Indian patent law unique, and charters the course for countries awaiting to follow the Indian example.

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India's post-TRIPS (Trade Related Aspects of Intellectual Property Rights) patent law reforms, which incorporates a remarkable array of flexibilities, is seen as a counter-harmonization measure in direct opposition to the dominant model of patent law pioneered by the United States. India'sresponse, which represents an alternative model...

Feroz Ali is a Ministry of Human Resource Development Intellectual Property Rights Chair at the Indian Institute of Technology Madras
Format:HardcoverDimensions:256 pages, 8.5 × 5.43 × 0.98 inPublished:February 27, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199463484

ISBN - 13:9780199463480

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Table of Contents

PrefaceAcknowledgmentIntroductionPART 1: THE PUBLIC IN PATENT LAW1. Patent System, Constitution and the Public2. The Resurgence of the PublicPART 2: HOW INDIA REINSTATED THE PUBLIC IN PATENT LAW3. Pre-grant Opposition: Ex Ante Validation of Patents4. Heightened Standards of Patentability: Raising the Bar on Inventions5. Compulsory Licensing: Local Working in Global EconomyPART 3: REIMAGINING THE TRIPS AS AN ACCESS REGIME6. The Fault Lines of Harmonization7. The Access Regime: Reimagining the TRIPS AgreementBibliographyIndex