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Access to medicine and the dangers of patent linkage : lessons from Bayer Corp v. Union of India

Tsui, Mabel (2011) Access to medicine and the dangers of patent linkage : lessons from Bayer Corp v. Union of India. Journal of Law and Medicine, 18(3), pp. 577-588.

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Abstract

In February 2010, the Delhi High Court delivered its decision in Bayer Corp v Union of India in which Bayer had appealed against an August 2009 decision of the same court. Both decisions prevented Bayer from introducing the concept of patent linkage into India’s drug regulatory regime. Bayer appealed to the Indian Supreme Court, the highest court in India, which agreed on 2 March 2010 to hear the appeal. Given that India is regarded as a global pharmaceutical manufacturer of generic medications, how its judiciary and government perceive their international obligations has a significant impact on the global access to medicines regime. In rejecting the application of patent linkage, the case provides an opportunity for India to further acknowledge its international human rights obligations.

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ID Code: 41029
Item Type: Journal Article
Keywords: TRIPS, access to medicine, India
ISSN: 1320-159X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Human Rights Law (180114)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Intellectual Property Law (180115)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Deposited On: 30 Mar 2011 10:28
Last Modified: 13 Apr 2011 16:28

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