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Knowledge as PropertyIssues in the Moral Grounding of Intellectual Property Rights$
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Rajshree Chandra

Print publication date: 2010

Print ISBN-13: 9780198065579

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780198065579.001.0001

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Intellectual Property Rights and the Right to Health

Intellectual Property Rights and the Right to Health

The Glivec Patent Claim in India

Chapter:
(p.185) 6 Intellectual Property Rights and the Right to Health
Source:
Knowledge as Property
Author(s):

Rajshree Chandra

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198065579.003.0006

This chapter examines intellectual property rights in the context of the right to health. It presents the Novartis patent claim for the anti-cancer drug ‘Glivec’ in India as a case-study to highlight the infringement of health rights in the context of the high prices of patented drugs, which make vital drugs inaccessible to a vast majority of people, particularly poor people. The case brings to the fore issues of drug patenting, survival of generic drugs, and their impact on access to medicines, which are vital to the preservation of the right to health, an aspect of human rights, as well as a constitutional rights in many countries.

Keywords:   patent claims, Novartis, Glivec, health rights, drug patents, generic drugs

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