Popular Press
Patents and protecting public health
The Hindu
(2018)
Abstract
A new chapter on the access to medication debate in India began when Shamnad Basheer filed a public interest litigation before the Delhi High Court. The petition pointed out the importance of “working requirements” in the Patents Act, 1970; the need to amend Form 27; and the lapses by patentees in furnishing information. The importance of Form 27 on the question of access to health cannot be underestimated. In essence, Form 27 seeks information to ensure that the patented material is adequately supplied in India. If the supply of the patented invention does not cater to the demands, statutorily the reasonable requirement of the public with regard to the patented invention is deemed as not met. This will be a ground to seek compulsory licensing of the product within India. The underlying rationale is to protect public health.
Disciplines
Publication Date
April 10, 2018
Citation Information
Srividhya Ragavan and Prabha Sridevan. "Patents and protecting public health" The Hindu (2018) Available at: http://works.bepress.com/srividhya_ragavan/245/