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>Negative Impact of Intellectual Property Patent Rights on Developing Countries: An Examination of the Indian Pharmaceutical Industry (Comment)
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Negative Impact of Intellectual Property Patent Rights on Developing Countries: An Examination of the Indian Pharmaceutical Industry (Comment)
This comment explores India's resistance to strong intellectual property protection in the area of pharmaceutical patents. This resistance reflects concerns felt by many developing countries. The imposition of universal standards of patent protection under TRIPs in its current form cannot be justified. Anti-competitive intellectual property rights of industrialized nations, led by United States authorities, provide more benefits to the developed world than to developing countries. Such a high level of protection, particularly as it pertains to medical needs, is neither necessary nor fair. Section II begins with a brief overview of the nature of intellectual property as it relates to patents, and examines the diverging views held by developing and industrialized nations. Section III reviews the Uruguay Round of GATT and the implementation of TRIPs. This section also compares the competing perspectives of the industrialized and developing nations, about TRIPs, as evidenced by the current positions of the United States and India, respectively. An analysis of the WTO dispute resolution mechanism will also be undertaken. Section IV presents a brief review of the history and current state of India's patent regime. Section V presents the cases for and against a strong intellectual property regime for pharmaceutical patents in developing countries, such as India. Section V also includes an overview of the nature of pharmaceutical patents, and the differing viewpoints supporting or contesting enhanced intellectual property rights as it applies to pharmaceutical patents. In addition, an examination of the recent events in Pretoria, South Africa, and their implications, will be undertaken. The approaching January 1. 2005 deadline for developing countries to comply with the TRIPs agreement.32 will be discussed in Section VI. Additionally, section VI proposes alternative methods of interpreting TRIPs and methods for dealing with the United States' heavy-handed attitude towards developing countries. Section VI also asserts that developing countries, including India, as sovereign nations, should have the right to determine their patent policies in accordance with the health concerns of their people.
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