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There's much to be desired when it comes to healthcare accessibility in India.
We've talked about the compulsory licensing of patents. We've talked of revocations & waivers. Some of us have even thought of not just a #TRIPSwaiver but of the #TRIPSend.
It may be inadequate. 🧵
We've talked about the compulsory licensing of patents. We've talked of revocations & waivers. Some of us have even thought of not just a #TRIPSwaiver but of the #TRIPSend.
It may be inadequate. 🧵
These are some of the legal options available:
🔹 under the Patents Act:
Compulsory licensing:
Usually, possible under s 84 but, now, s 92 could come into play if the govt issues a notification which would enable it to bypass some of 84's stringency.
🔹 under the Patents Act:
Compulsory licensing:
Usually, possible under s 84 but, now, s 92 could come into play if the govt issues a notification which would enable it to bypass some of 84's stringency.
Revocation:
Usually (with great difficulty) under s 64 of the Patents Act.
However, now, it may be possible to revoke certain pharma patents under s 66 in public interest on account of their being prejudicial to the public.
Usually (with great difficulty) under s 64 of the Patents Act.
However, now, it may be possible to revoke certain pharma patents under s 66 in public interest on account of their being prejudicial to the public.
