2013 Fiscal Year Final Research Report
An analysis on impact of introduction of product patent on industries in developing countries
| Project/Area Number |
24830015
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Business administration
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| Research Institution | University of Tsukuba |
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Principal Investigator |
MITSUMORI Yaeko 筑波大学, ビジネスサイエンス系, 准教授 (00627309)
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| Project Period (FY) |
2012-08-31 – 2014-03-31
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| Keywords | イノベーション / 知的財産 / 途上国・新興国 / 製薬 / インド / 強制実施権 / 医薬品アクセス |
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| Research Abstract |
Due to Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), India was required to introduce product patent protection in its patent law. Despite objections to the introduction of product patent, the Indian government revised its patent law in 2005. However, the Patents (Amendment) Act, 2005 includes a unique section aimed at restricting the scope of patent protection. In 2012, the Indian government issued the country's first compulsory license against a foreign company's patented drug. In 2013 Indian Supreme Court granted judgment over Novartis-Gleevec law suit. This study examines the impact of the India's very first compulsory license and the Supreme Court decision on both the Indian pharmaceutical market and the world pharmaceutical market.
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