Patent Protection For Second Medical Uses

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Patent Protection for Second Medical Uses

Author : Jochen Bühling
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403510226
Total Pages : 806 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Patent Protection for Second Medical Uses by : Jochen Bühling

Download or read book Patent Protection for Second Medical Uses written by Jochen Bühling and published by Kluwer Law International B.V.. This book was released on 2020-10-13 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt: AIPPI Series, Volume Number 2. The second edition of Patent Protection for Second Medical Uses is a practical guide on the ever-relevant and controversial topic ‘Second Medical Use’ (SMU) patents, which play a significant role in the potential second-line patent protection and have become increasingly important. This edition’s analysis sheds light on the availability of protection for second medical use claims and its legal basis, followed by a detailed look at the specifics of various jurisdictions. Following the abandoning of ‘Swiss-type claims’ at the European Patent Office (EPO), applicants had to develop new filing strategies while such claims are still allowable in a number of national jurisdictions worldwide; the consequences of this have not yet fully been explored in practice. Jurisdictions around the world show significant differences in the treatment of such claims, although they share common approaches in patent law overall. This second edition furnishes a detailed and elaborate analysis, providing clarity, insight and guidance on legal issues and practical implications of SMU claims in twenty-four jurisdictions (the EPO and twenty-three individual countries). What’s in this book: This book, published under the aegis of the esteemed International Association for the Protection of Intellectual Property (AIPPI), contains a chapter-wise analysis by carefully chosen authors known for their expertise and experience in this field. Each chapter highlights such issues and topics as the following: availability and scope of protection; validity of claims; enforcement; infringement and investigations; and procedural aspects and tactical recommendations. The AIPPI studied certain aspects of second medical use claims on the occasion of its Congress in Toronto in 2014. This led to its Resolution Q 238 – ‘Second medical use and other second indication claims’, which triggered this comparative law analysis and a copy of which is found at the end of this book. How this will help you: This book is an enlightening compendium of contributions from across the globe. It not only renders guidance to interested legal practitioners when filing a patent application and assessing risks of conflict with existing patents or patent applications but also explains the key issues and contains practical advice when enforcing such claims or defending against an action. Also, this book will prove to be of immense practical interest for patent lawyers and patent attorneys and for the industries involved, applicants for pharmaceutical patents and third parties.

Medical Patent Law - the Challenges of Medical Treatment

Author : E. Ventose
Publisher : Edward Elgar Publishing
ISBN 13 : 0857938010
Total Pages : 491 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Medical Patent Law - the Challenges of Medical Treatment by : E. Ventose

Download or read book Medical Patent Law - the Challenges of Medical Treatment written by E. Ventose and published by Edward Elgar Publishing. This book was released on 2011-10-01 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ventose makes a fresh, lively and incredibly thorough contribution to the literature in this work. He canvasses the European, English and American authorities in a systematic, methodical and dare I say surgical manner. The book is a must read for practitioners, academics and students alike interested in patentable subject matter, public policy and medico-legal ethics. It will be a welcome addition to any legal collection. Emir Aly Crowne, University of Windsor, Barrister & Solicitor, Law Society of Upper Canada and Co-Founder and Co-Chair, Harold G. Fox Intellectual Property Moot Medical patents are a matter of life and death. Such patents have a critical impact upon patient care, medical research, and the administration of healthcare (and, indeed, are in part responsible for ballooning health care budgets). This comprehensive book by Eddy D. Ventose provides a systematic comparative analysis of medical patents. The work explores the historical taboo against patenting methods of human treatment; charts the spectrum of policy positions on medical patents, ranging from permissive to prohibitive; and examines contemporary battles over patenting methods of medical correlation in the Supreme Court of United States. Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia This book provides a detailed and comparative examination of medical patent law and the issues at the heart of the medical treatment exclusion for therapeutic treatments, surgical treatments and diagnostic methods. It firsts considers the historical basis for exclusion and the development of law and policy in Europe, the United States and other commonwealth countries. The book goes on to provide a detailed analysis of the issues related to new medical technologies, such as gene therapy, dosage regimes, and medical diagnostics, in light of the medical treatment exclusion. Medical Patent Law will strongly appeal to patent agents and attorneys, solicitors and barristers working in patent and intellectual property law and medical law worldwide, as well as medical practitioners and healthcare professionals; scientists, researchers and managers in the chemicals, medical; pharmaceuticals and biotechnology industries. Postgraduates on LLM medical law and intellectual property courses and academics specializing in medical law or patent law, will also find much to interest them.

Antibody Patenting

Author : Jürgen Meier
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403542063
Total Pages : 707 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Antibody Patenting by : Jürgen Meier

Download or read book Antibody Patenting written by Jürgen Meier and published by Kluwer Law International B.V.. This book was released on 2023-08-22 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antibodies have revolutionized medicine and biotechnology, and have become indispensable tools in therapy, diagnostics, analytics, and research. Therapeutic antibodies, for example, have become firmly established in the ranks of blockbuster drugs, currently accounting for about half of the top 10 best-selling medicines. At the same time, a body of case law dealing specifically with the patentability of antibody-related inventions and the enforcement of antibody patents has emerged in major jurisdictions. The, at times, significant divergences between different jurisdictions have been compounded by recent decisions in the United States, which have severely curtailed the possibilities to obtain broad antibody patents. It is therefore essential to understand how antibody inventions are assessed in different jurisdictions in order to secure an optimal patent protection and to successfully enforce such patents. This book provides practitioners with a comprehensive resource elucidating all aspects of the patenting of antibodies from initial drafting and prosecution to enforcement, using a country-by-country format. The updated and expanded Second Edition covers more than 30 of the most important IP jurisdictions worldwide – i.e., the European Patent Office, Belgium, Denmark, Finland, France, Germany, Hungary, Ireland, Italy, the Netherlands, Poland, Spain, Sweden, Switzerland, the United Kingdom, the United States of America, Canada, Mexico, the Andean Community (Bolivia, Colombia, Ecuador, and Peru), Argentina, Brazil, Chile, China, India, Israel, Japan, Singapore, South Korea, Taiwan, Australia, and New Zealand. The 49 contributors to this book, all distinguished experts in this field, provide clear and practice-oriented advice on a range of topics including: • Which types of antibody inventions are patent-eligible? • Which types of functional and structural features are accepted for claiming antibodies? • What needs to be considered when defining antibodies in terms of their antigen, target affinity, binding specificity, epitope, competitive binding and other characteristics in relation to reference antibodies, as well as their effects on the target? • Which pitfalls must be avoided when defining amino acid sequences, chemical modifications or glycosylation patterns, and when relying on cell line deposits? • Which breadth of claims is accepted for antibody inventions, and what experimental support is required? • Which specific medical applications of antibodies can be claimed? • How is inventive step assessed in the specific case of antibody inventions? • What has to be considered when enforcing antibody patents, including in relation to biosimilars as well as the doctrine of equivalence? All chapters follow the same structure, which makes this book easily accessible and allows a direct comparison between different jurisdictions. Practitioners will find the much-needed tools and guidance to secure the best possible patent protection for antibody inventions in more than 30 of the most important jurisdictions worldwide. This book is the fifth volume in the AIPPI Law Series which has been established together with the International Association for the Protection of Intellectual Property (AIPPI), a non-affiliated, non-profit organization dedicated to improving and promoting the protection of intellectual property at both national and international levels.

Drug Prices

Author : Kevin J. Hickey
Publisher :
ISBN 13 :
Total Pages : 58 pages
Book Rating : 4.:/5 (127 download)

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Book Synopsis Drug Prices by : Kevin J. Hickey

Download or read book Drug Prices written by Kevin J. Hickey and published by . This book was released on 2021 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Patent System for the 21st Century

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309089107
Total Pages : 186 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis A Patent System for the 21st Century by : National Research Council

Download or read book A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-10-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.

Biopatent Law: European vs. US Patent Law

Author : Ulrich Storz
Publisher : Springer Science & Business Media
ISBN 13 : 3642412939
Total Pages : 69 pages
Book Rating : 4.6/5 (424 download)

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Book Synopsis Biopatent Law: European vs. US Patent Law by : Ulrich Storz

Download or read book Biopatent Law: European vs. US Patent Law written by Ulrich Storz and published by Springer Science & Business Media. This book was released on 2013-11-19 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: SpringerBriefs in Biotech Patents presents timely reports on intellectual properties (IP) issues and patent aspects in the field of biotechnology. This volume focus on particular aspects of the US patent law, which can have tremendous differences compared to the European law. This includes questions of biopatent prosecution, novelty, inventive step, written disclosure and sufficiency of enablement as well as questions of law enforcement of biotech patents.

Patent Law and Intellectual Property in the Medical Field

Author : Aggarwal, Rashmi
Publisher : IGI Global
ISBN 13 : 1522524150
Total Pages : 257 pages
Book Rating : 4.5/5 (225 download)

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Book Synopsis Patent Law and Intellectual Property in the Medical Field by : Aggarwal, Rashmi

Download or read book Patent Law and Intellectual Property in the Medical Field written by Aggarwal, Rashmi and published by IGI Global. This book was released on 2017-06-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing presence of technology has created significant changes within the healthcare industry. With the ubiquity of these technologies, there is now an increasing need for more advanced legal procedures. Patent Law and Intellectual Property in the Medical Field is a pivotal reference source for the latest research in support of developing convergent and interoperable systems to increase awareness and applicability of legal aspects in the medical field. Featuring extensive coverage on relevant areas such as compulsory licensing, parallel importing, and protection law, this publication is an ideal resource for researchers, medical and law professionals, academics, graduate students, and practitioners engaged in medical practice.

Second Generation Patents in Pharmaceutical Innovation

Author : Hyewon Ahn
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848708741
Total Pages : 0 pages
Book Rating : 4.7/5 (87 download)

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Book Synopsis Second Generation Patents in Pharmaceutical Innovation by : Hyewon Ahn

Download or read book Second Generation Patents in Pharmaceutical Innovation written by Hyewon Ahn and published by Nomos Verlagsgesellschaft. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of new medications and improvements thereof are crucial to ensure continued gains in health. The development process is long and costly, and mainly to produce the information to meet high regulatory requirements. In contrast, imitation involves negligible costs and much reduced risks. This is one of the reasons the pharmaceutical industry depends greatly on patent protection. Despite the existing patent system, however, the number of new medications per year has decreased, especially during the last decade. In comparison, the number of second generation patents and products has been drastically increased. This industry is accused both of neglecting its real mission of providing new medications while generating second generation products, and of preventing the entry of generics. The dissertation reviewed whether the concerns are justified, and, if so, whether or how the patent system can improve the situation that confronts pharmaceutical companies and society.

Patents as an Incentive for Innovation

Author : Rafal Sikorski
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403524146
Total Pages : 474 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Patents as an Incentive for Innovation by : Rafal Sikorski

Download or read book Patents as an Incentive for Innovation written by Rafal Sikorski and published by Kluwer Law International B.V.. This book was released on 2021-02-16 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.

Patenting Medical and Genetic Diagnostic Methods

Author : Eddy D. Ventose
Publisher : Edward Elgar Publishing
ISBN 13 : 1781001782
Total Pages : 233 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Patenting Medical and Genetic Diagnostic Methods by : Eddy D. Ventose

Download or read book Patenting Medical and Genetic Diagnostic Methods written by Eddy D. Ventose and published by Edward Elgar Publishing. This book was released on 2013-01-30 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'On the heels of his earlier work Medical Patent Law – The Challenges of Medical Treatment, Ventose makes another significant contribution to the literature. In his earlier work, he devoted a chapter to medical patents under US law. In Patenting Medical and Genetic Diagnostic Methods he expands that chapter into an entire text. No easy feat, to be sure. Nonetheless, his "treatment" of the jurisprudential terrain is sophisticated and rigorous. Scholars, practitioners and students seriously interested in the evolution of medical patents under US law will find Ventose's latest work to be invaluable.' – Emir Crowne, University of Windsor, Canada, Law Society of Upper Canada and Harold G. Fox Intellectual Property Moot 'This work provides a timely exploration of patent battles over biotechnology, medicine, diagnostic testing, and pharmacogenomics. Such conflicts are critically important at the dawn of a new era of personalised medicine.' – Matthew Rimmer, The Australian National University College of Law and ACIPA, Australia 'The debate on the patent eligibility of diagnostic and medical methods has raged recently in the United States and there seemed to be far less certainty about the outcome than in Europe. Gene patents for diagnostic methods clearly stirred the debate, but this is not a new debate. It goes back a century. This book gets to the bottom of the debate and provides an in depth insight, both of the history and of the recent developments. A fascinating tale. . .' – Paul Torremans, University of Nottingham, UK This well-researched book explores in detail the issue of patenting medical and genetic diagnostic methods in the United States. It examines decisions of the Patent Office Boards of Appeal and the early courts on the question of whether medical treatments were eligible for patent protection under section 101 of the Patents Act. It then traces the legislative history of the Medical Procedures and Affordability Act that provided immunity for physicians from patent infringement suits. After considering the Supreme Court's jurisprudence on patent eligibility, the book then comprehensively sets out how the Federal Circuit and the Supreme Court have dealt with the issue, paying close attention to the Supreme Court's recent decision in Bilski and Prometheus. Being the first book to comprehensively cover patenting medical methods, it will appeal to patent agents, patent attorneys, solicitors and barristers working in patent and medical law worldwide, medical practitioners and healthcare professionals, in-house legal and regulatory departments of pharmaceutical companies. Researchers and managers in the chemical, medical, pharmaceutical and biotechnology industries, as well as academics specializing in medical law or patent law, will also find much to interest them in this book.

WIPO Guide to Using Patent Information

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280526510
Total Pages : 44 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis WIPO Guide to Using Patent Information by : World Intellectual Property Organization

Download or read book WIPO Guide to Using Patent Information written by World Intellectual Property Organization and published by WIPO. This book was released on 2018-04-30 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.

Generic drug entry prior to patent expiration an FTC study

Author :
Publisher : DIANE Publishing
ISBN 13 : 1428951938
Total Pages : 129 pages
Book Rating : 4.4/5 (289 download)

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Book Synopsis Generic drug entry prior to patent expiration an FTC study by :

Download or read book Generic drug entry prior to patent expiration an FTC study written by and published by DIANE Publishing. This book was released on 2002 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Guide to Filing a Utility Patent Application

Author :
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis A Guide to Filing a Utility Patent Application by :

Download or read book A Guide to Filing a Utility Patent Application written by and published by . This book was released on 2008 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Pharmaceutical Lifecycle Management

Author : Tony Ellery
Publisher : John Wiley & Sons
ISBN 13 : 0470487534
Total Pages : 412 pages
Book Rating : 4.4/5 (74 download)

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Book Synopsis Pharmaceutical Lifecycle Management by : Tony Ellery

Download or read book Pharmaceutical Lifecycle Management written by Tony Ellery and published by John Wiley & Sons. This book was released on 2012-06-05 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to optimizing the lifecycle management of pharmaceutical brands The mounting challenges posed by cost containment policies and the prevalence of generic alternatives make optimizing the lifecycle management (LCM) of brand drugs essential for pharmaceutical companies looking to maximize the value of their products. Demonstrating how different measures can be combined to create winning strategies, Pharmaceutical Lifecycle Management: Making the Most of Each and Every Brand explores this increasingly important field to help readers understand what they can—and must—do to get the most out of their brands. Offering a truly immersive introduction to LCM options for pharmaceuticals, the book incorporates numerous real-life case studies that demonstrate successful and failed lifecycle management initiatives, explaining the key takeaway of each example. Filled with practical information on the process of actually writing and presenting an LCM plan, as well as how to link corporate, portfolio, and individual brand strategies, the book also offers a look ahead to predict which LCM strategies will continue to be effective in the future. While the development of new drugs designed to address unmet patient needs remains the single most important goal of any pharmaceutical company, effective LCM is invaluable for getting the greatest possible value from existing brands. Pharmaceutical Lifecycle Management walks you through the process step by step, making it indispensable reading for pharmaceutical executives and managers, as well as anyone working in the fields of drug research, development, and regulation.

Patents in the Knowledge-Based Economy

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309086361
Total Pages : 352 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Patents in the Knowledge-Based Economy by : National Research Council

Download or read book Patents in the Knowledge-Based Economy written by National Research Council and published by National Academies Press. This book was released on 2003-09-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.

Identity, Invention, and the Culture of Personalized Medicine Patenting

Author : Shubha Ghosh
Publisher : Cambridge University Press
ISBN 13 : 1107011914
Total Pages : 231 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Identity, Invention, and the Culture of Personalized Medicine Patenting by : Shubha Ghosh

Download or read book Identity, Invention, and the Culture of Personalized Medicine Patenting written by Shubha Ghosh and published by Cambridge University Press. This book was released on 2012-09-10 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of developments in personalized medicine patenting and explores its normative implications to suggest policies to best regulate it.

India and the Patent Wars

Author : Murphy Halliburton
Publisher : Cornell University Press
ISBN 13 : 1501713981
Total Pages : 261 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis India and the Patent Wars by : Murphy Halliburton

Download or read book India and the Patent Wars written by Murphy Halliburton and published by Cornell University Press. This book was released on 2017-11-15 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: India and the Patent Wars contributes to an international debate over the costs of medicine and restrictions on access under stringent patent laws showing how activists and drug companies in low-income countries seize agency and exert influence over these processes. Murphy Halliburton contributes to analyses of globalization within the fields of anthropology, sociology, law, and public health by drawing on interviews and ethnographic work with pharmaceutical producers in India and the United States. India has been at the center of emerging controversies around patent rights related to pharmaceutical production and local medical knowledge. Halliburton shows that Big Pharma is not all-powerful, and that local activists and practitioners of ayurveda, India’s largest indigenous medical system, have been able to undermine the aspirations of multinational companies and the WTO. Halliburton traces how key drug prices have gone down, not up, in low-income countries under the new patent regime through partnerships between US- and India-based companies, but warns us to be aware of access to essential medicines in low- and middle-income countries going forward.