Access to Medicines in the Light of Patent Law Regime in India

2020 ◽  
pp. 28-56
Author(s):  
Akanksha Jumde ◽  
Nishant Kumar
Keyword(s):  
Intellectual Property ◽  
Generic Drug ◽  
Patent Protection ◽  
Developed Countries ◽  
Access To Medicines ◽  
Patent Law ◽  
Healthcare Needs ◽  
The Poor ◽  
Legislative Reforms ◽  
The Developed Countries

This chapter aims to trace the development of patent law regime in India and analyze its evolution in response to globally-influential intellectual property framework, such as TRIPS and pressure from the developed countries US and Europe to open up her markets to permit cash-rich pharmaceutical companies to sell their drugs and receive patent protection in India. An observation of the legislative actions and judicial responses reveal that both the parliament and the supreme echelons of the judiciary have been tediously careful in protecting the healthcare needs of the poor by promoting the generic drug industry through a guarded interpretation of Section 3(d) of Patents Act, 1970. The objective of the chapter is to critically analyze the legislative reforms and judicial interpretations of patent law in light of the socio-economic needs of the country.

A World Food Action Program

Worldview ◽  
1974 ◽  
Vol 17 (8) ◽  
pp. 26-29
Author(s):  
Hubert H. Humphrey
Keyword(s):  
Quality Of Life ◽  
Developing World ◽  
Political Stability ◽  
Developed Countries ◽  
Action Program ◽  
World Food ◽  
Economic Stability ◽  
The Poor ◽  
The Developed Countries

We have been waging a battle to improve the quality of life in the developing world for twenty-five years. Today this battle is being lost. As the world's military powers seek to reduce the risks of nuclear holocaust, new dangers to political and economic stability have arisen.The threat of widespread famine is on the increase. Fertilizer shortages grow, and the affluent continue to consume a disproportionate amount of the world's food resources. Worldwide inflation continues to take a heavy toll on the developing and the developed countries alike. This erodes political stability and depletes what little hard currency the poor nations have amassed.

Aid for trade

2006 ◽  
Vol 5 (2) ◽  
pp. 1-41 ◽  
Author(s):  
Joseph E. Stiglitz ◽  
Andrew Charlton
Keyword(s):  
Developing Countries ◽  
Developed Countries ◽  
Poor Countries ◽  
The Poor ◽  
Transition Costs ◽  
Development Policies ◽  
Aid For Trade ◽  
The Developed Countries ◽  
First Time ◽  
Trading Regime

Adjustment to a post‐Doha trading regime will be disproportionately costly and difficult for developing countries. Increased aid is vital for the poor countries if they are to grasp the opportunities provided through trade and meet transition costs. With aid‐for‐trade, for the first time, the developed countries have another bound and meaningful commitment that they can offer developing countries. Our proposal to provide new resources to meet adjustment needs, however, does not suggest that trade, when combined with aid, will be a panacea for developing countries. Interactions between trade, aid, and broader development policies and reforms are important.

A Study on the Economic Benefits of Globalization: Focusing on the Poverty and Inequality between the Rich and the Poor

2009 ◽  
Vol 12 (2) ◽  
pp. 191-214 ◽  
Author(s):  
Sang-Hyup Shin
Keyword(s):  
Developing Countries ◽  
Global Economy ◽  
Developed Countries ◽  
Economic Benefits ◽  
Global Poverty ◽  
The Poor ◽  
Poverty And Inequality ◽  
The World ◽  
The Rich ◽  
The Developed Countries

Globalization is now well recognized by many as an inescapable feature of the world today. In particular, in the middle of global economic crisis globalization is one of the hot issues drawing much attention from countries around the world. There are contradictory perspectives on globalization. There are many sweeping statements that assert that economic globalization is increasing global poverty and inequality between the rich and the poor in the world. There are also many others who insist that the poverty and inequality issues have been resolved in some sense through globalization. In order to find the answer to the question, firstly the meaning of globalization was fully explained. Based on the understanding of globalization, the questions such as how globalization has contributed to reduce the economic gap between the developed and the developing countries, and to reduce the poverty by analyzing the economic growth, the number of people living below the absolute poverty line and so on were analyzed. The reasons why globalization is a good opportunity for some countries while some other countries get not something from the globalization was also discussed in this research. We found that globalization has contributed to reduce global poverty and to increase the welfare of both the developed and developing countries. However globalization has impacted different groups differently. Some have benefited enormously, while others have borne more of the costs. The developed countries could get more economic benefits from the less developed countries through globalization. This means, inequality between the rich and the poor countries still remained as a serious threat in the global economy. And even among the developing countries globalization has impacted differently. The trends toward faster growth and poverty reduction are strongest in developing economies that have integrated with the global economy most rapidly, which supports the view that integration has been a positive force for improving the lives of people in developing countries There are two main reasons for the inequality existing between the developed and developing countries. The fist one is the difference of economic size and power between the developed countries and the developing countries started to exist from the late 18th century. The second one is the differences in the management skill in taking advantage of the globalization.

scholarly journals Indonesia and a Marginality Trap

2021 ◽  
Vol 1 (1(50)) ◽  
pp. 146-154
Author(s):  
Anton O. Zakharov ◽  
Keyword(s):  
Armed Forces ◽  
Developed Countries ◽  
Poverty Rate ◽  
High Tech ◽  
The Poor ◽  
The World ◽  
The Republic ◽  
Knowledge Intensive ◽  
The Developed Countries ◽  
Muslim Communities

Indonesia has a huge population over 270 million people. The Republic of Indonesia is the largest Muslim state in the world. Its steady economic growth faces a deep challenge due to the COVID-19 pandemic. Indonesian education and medicine systems are insufficient whereas the country nowadays has no high-tech or knowledge-intensive technologies. Indonesia looks a bit marginal facing current challenges, especially in comparison with the developed countries. The poverty rate is high in Indonesia. The country also faces a rise of radical Muslim communities. The COVID-19 pandemic does help the Indonesian military to strengthen again. Many challenges — demographic, economic, social, political and cultural — imply that any Indonesian government has to maneuver between the Armed Forces, Muslim groups, and the poor.

Biotechnological Patents and Morality

2011 ◽  
pp. 141-151
Author(s):  
Jakkrit Kuanpoth
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Patent Protection ◽  
Patent Law ◽  
Legal Analysis ◽  
The World ◽  
Micro Organisms

The chapter deals with ethical aspects of patent law and how the global patent regime helps or hinders the development of a developing country such as Thailand. More specifically, it discusses Article 27.3 of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which states that countries may exclude methods of medical treatment, plants and animals (but not micro-organisms) from patent protection. It also provides legal analysis on the issue of whether developing countries can maximize benefits from the TRIPS morality exception (Article 27.2) in dealing with biotechnological patenting.

RELEVANSI PRINSIP EKONOMI ISLAM DALAM PEMBINAAN UMAT ISLAM

2021 ◽  
Vol 5 (1) ◽  
pp. 107-120
Author(s):  
Reni Ria Armayani Hasibuan
Keyword(s):  
Natural Resources ◽  
Economic System ◽  
Developed Countries ◽  
Economic Decline ◽  
Capitalist System ◽  
The Poor ◽  
Islamic Economic ◽  
The Developed Countries

Indonesia is one of the developed countries with abundant natural wealth, because these abundant natural resources make Indonesia a country that can be relied on. However, in reality there are still many people who belong to the poor, who live in poverty. This becomes a big question, why does this happen? What's wrong with the economic system? departing from this, this article takes a decision taken from an economic system that is still wrong, namely using a capitalist system, so that a deeper study is needed to study the Islamic economic system as a solution to create prosperity for society. This article also affirms that Islamic Economics is dynamic, and not compartmentalized, in the sense that Islamic Economics provides blessings for all levels of society. This is because Islamic Economics makes Al Quran and As Sunnah as the basis of its implementation, coupled with ijtihad and the increasing thinking of experts in the field of Islamic economics that Islamic Economics is the best solution as a way out of poverty and economic decline.

AGREEMENTS ON THE DISPOSAL OF PROPERTY RIGHTS TO THE OBJECTS OF PATENT LAW AND «KNOW-HOW»: NEWS OF LEGISLATION

2018 ◽  
Author(s):  
Juliia Kanaryk ◽  
◽  
Vladyslav Nosinskyi ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Patent Protection ◽  
Patent Law ◽  
Compulsory Licensing ◽  
Real Cost ◽  
Know How ◽  
Cost Of Drugs ◽  
The Right

The article is devoted to the review of novelties of the legislation in the part of disposition of property rights to objects of patent law and know-how. Based on the analysis of the existing legislation, it is established that there is an exclusive list of the following agreements: license to use the object of intellectual property rights; license agreement; agreement on the creation by order and use of the object of intellectual property rights; agreement on the transfer of exclusive intellectual property rights; another agreement on the disposal of intellectual property rights. It is noted that the agreement on the transfer (use) of «know-how» differs from that for the patent. The basis for granting the right to use «know-how» is not an exclusive right, but a de facto monopoly on the object of the agreement. «Know-how» in contrast to the patented invention can not be used without receiving it from the owner. The consequence of this is the need not only to grant the right of use under the contract, but also the transfer of the «knowhow» in full. It is noted that the legislator has significantly simplified the contractual procedures for granting the right to dispose of property rights for pharmaceutical companies due to the need to combat the pandemic. Lists of substances and medical procedures, medical equipment that cannot be the subject of patent protection have been established. It is emphasized that the legislator does not take into account the current level of digitalization, where the right to own or use intellectual property is certified by numerous electronic methods. For example, by confirming electronic licenses, user terms, affiliate programs with a number of intermediaries. Accordingly, it is necessary to expand the list of possible reliable ways of certifying contracts, which could be considered written or be equated to such a way. The bill №5552, which proposes amendments to the law «On Copyright and Related Rights», in terms of combating «patent trolling» was analyzed. The authors of the bill propose a number of administrative procedures that will help to respond quickly to such unfair actions of competitors. At the same time, it is noted that with the expansion of the contractual procedure, some of these cases could be avoided. It is proposed, as part of the fight against the COVID-19 pandemic, to introduce compulsory licensing, in order to reduce the real cost of drugs against the virus, as well as the logistics of specialized hospitals.

Patent Protection for Biotechnology in China: the Current Legislation and the Proposed Third Amendment

2008 ◽  
Vol 5 (1) ◽  
Author(s):  
Ying Zhan
Keyword(s):  
Intellectual Property ◽  
Patent Protection ◽  
Final Section ◽  
Patent Law ◽  
Property Right ◽  
Intellectual Property Right ◽  
Patent Policy ◽  
The Third ◽  
Related Information

AbstractThis article addresses the Chinese legislation on patent protection for biotechnology. Section I presents a brief overview of China's intellectual property right protection regime for biotechnology; Section II describes the China's current patent legislation on biotechnology. Since April 2005, China has lunched the third amendment to its Patent Law. The related information of the third amendment to Chinese biotechnology patent policy is provided in the final section.

Strategies to Influence Nutrition Behaviour

1990 ◽  
Vol 6 (4) ◽  
pp. 189-204
Author(s):  
Maisie C. Steven
Keyword(s):  
Third World ◽  
Developed Countries ◽  
The Third ◽  
The Poor ◽  
Basic Understanding ◽  
The Developed Countries ◽  
The Third World ◽  
Made In ◽  
Nutrition Behaviour

An attempt is made in this paper to consider first the current nutritional scene with its problems, and then to suggest strategies for improvement. Since the quality of people’s diets everywhere is influenced by many different factors, not least by availability of food, a bility to pay for it, and some (however basic) understanding of its effects upon health, a strong plea is made for consideration to be given to those most in need of nutritional help—the least advantaged and least motivated groups in the developed countries, as well as the poor in the Third World. Some strategies aimed at improving nutrition behaviour are outlined.

Reconceptualising the Debate on Intellectual Property Rights and Economic Development

2010 ◽  
Vol 3 (1) ◽  
Author(s):  
Bryan Mercurio
Keyword(s):  
Developing Countries ◽  
Economic Development ◽  
Intellectual Property ◽  
Growth And Development ◽  
Poverty Reduction ◽  
Trade Agreement ◽  
Developed Countries ◽  
Patent Law ◽  
Rapid Economic Growth ◽  
Reduction Strategies

Governments and scholars have for some time grappled with the question of whether there is a connection between intellectual property (IP) and economic development, and if so, how strong is the link. Economic literature is equivocal, with some studies concluding that the connection is strong while others conclude it to be fairly weak (and that there may not even be a connection for LDCs). What is quite clear is that countries have historically shaped and amended their IP regimes to promote domestic needs and objectives. It is also clear that several countries with weak IP policies achieved rapid economic growth and development over the last five decades. For these countries, the strengthening of IP rights (IPRs) occurred after the initial stages of increased growth and development. It is also well known that countries failing to adequately protect IP limit the upside of their economic development.Domestically implementing the obligations set out in the TRIPs Agreement provides stability, assists domestic inventors and sends a positive signal to foreign investors. Of course, implementing TRIPs also has its downside, namely by forcing countries to pay a higher price for technology. Herein lies the dilemma, in which developing countries raise IP standards in order to fulfill international obligations and attract foreign investment but at the same time potentially stifling economic, financial and social development by increasing payments to the developed world for superior (and sometimes essential) technologies.This article argues that IP is critical to full-scale technological and economic development for developing countries. Linking IPRs and economic development is not often a popular perspective, but it is clear that developing countries must now operate from the perspective of TRIPs being the minimum level of protection mandated by the international community – substantially deviating from the TRIPs standard is not a viable option. With IPRs and protection being raised in almost every free trade agreement negotiated by developed countries, as well as through the negotiation of new multilateral treaties, such as the proposed Substantive Patent Law Treaty and the Anti-Counterfeiting Trade Agreement, the time is ripe for developing countries to revisit the role of IP and economic development. Countries must seek the answers to a number of questions – have increased IPRs impacted upon poverty reduction strategies? Have IPRs encouraged or led to increased growth? How have IPRs impacted access to information, knowledge, education and research? Is the IP policy coherent with other public policy issues such as investment, public health, trade and competition?

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