Freedom under TRIPS: India as an Example
Freedom under TRIPS: India as an Example
This chapter illustrates how individual nations may promote access to medicine while still complying with TRIPS, using India's patent laws as an example. As noted earlier, TRIPS requirements are not only skeletal, but undefined. Accordingly, under TRIPS nations have freedom and flexibility to define important terms and requirements. In particular, the chapter discusses various aspects of India's patent laws that are intended to promote access to medicine in a post-TRIPS world where patents must be granted. Although TRIPS flexibility may sometimes be constrained by international agreements or pressures, the chapter first explores what flexibilities countries should have under TRIPS. Understanding existing flexibilities under TRIPS is important because it provides a foundation to better understand how subsequent obligations may limit these flexibilities.
Keywords: TRIPS, India, patent laws, access to medicine, flexibility
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