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The political economy of compulsory licencing : balancing between patents and pills

By: Contributor(s): Publication details: BangaloreBangalore NLSIU 2004Description: 157 p. ; 25 cmSubject(s): Online resources:
Contents:
CONTENTS DECLARATION; ACKNOWLEDGEMENT; ABBREVIATIONS; TABLE OF CASES; CHAPTER I;; INTRODUCTION PARIS CONVENTION 1883; MODERN INDIAN PATENT SYSTEM SINCE 1970; CIPLA CONTROVERSY AND INDIAN PATENT LAW; TRANS-NATIONAL CORPORATIONS AND RESEARCH AND DEVELOPMENT ACTIVITIES; COMPULSORY LICENCING; COMPULSORY LICENCING AND TRIPS; TRIPS AND PHARMACEUTICAL SCTOR; DOHA DECLARATION ON THE TRIPS; AGREEMENT AND PUBLIC HEALTH; RESEARCH METHODOLOGY; HYPOTHESIS; CHAPTERIZATION; TITLE OF THE PAPER; CHAPTER-II; THE GENESIS AND DEVELOPMENT OF MODERN PATENT SYSTEM AND THE ORIGIN OF PATENT LAW; THE STATUE OF MONOPOLY ; TRUE AND FIRST INVENTOR ; ANY MANNER OF NEW MANUFACTURE ; NOVELTY ; UTILITY ; THE EIHTEENTH AND NINETEENTH CENTURY DEVELOPMENTS; THE DEVELOPMENT OF INDIAN PATENT SYSTEM; CHAPTER III; THE IMPORTANCE OF COMPULSORY LICENSING; INTRODUCTION; COMPULSORY LICENSING - A BALANCER; COMPULSORY LICENSING – MEANING; WORKING OF PATENT; WORKING OF PATENT - NATIONAL DIMENSIONS; THE DEVELOPMENT OF COMPULSORY LICENSING IN THE INTERNATIONAL ARENA; "COMPULSORY WORKING" FINDING PLACE IN THE INTERNATIONAL INSTRUMENT; COMPULSORY LICENSING FINDING PLACE IN INTERNATIONAL PATENT INSTRUMENT - THE LISBON CONFERENCE OF 1958; ESTABLISHING COMPULSORY LICENSING AS THE PRIMARY SANCTION AGAINST ABUSE OF PATENT MONOPOLY - THE LISBON CONFERENCE OF 1958; COMPULSORY LICENSING - IN THE PATENT LAW OF INDEPENDENT INDIA; COMPULSORY LICENSING - LATEST DEVELOPMENTS; ECONOMICS OF COMPULSORY LICENSING - A GLIMPSE; CONCLCSION; CHAPTER IV; THE DEVELOPMENT OF COMPULSORY LICENSING SYSTEM UNDER INDIAN PATENT LAW AND ITS IMPACT ON INDIAN PHARMACEUTICAL INDUSTRIES; CHAPTER V THE COMPULSORY LICENSING PROVISION UNDER TRIPS AND ITS IMPACT ON PHARMACEUTICAL INDUSTRIES; COMPULSORY LICENSING UNDER TRIPS; THE US-SOUTH AFRICAN ROW OVER MEDICINES ACT OF 1997; THE BRAZIL'S INDUSTRIAL PROPERTY LAW 1997 AND ITS IMPACT; THE ANTHRAX SCARE: AN AMERICAN DILEMMA; CHAPTER VI DOHA DECLARATION: THE NEED FOR A BALANCE BETWEEN THE PATENTS AND THE PEOPLE; DOHA DECLARATION AND ITS IMPACT ON PHARMACEUTICAL INDUSTRIES; CHAPTER VII CONCLUSION; (1) A LIBERAL AND HOLISTIC INTERPRETATION OF TRIPS AGREEMENT; (2) TIRED PRICING OR DIFFERENTIAL PRICING; 3) PAMLLEL IMPORTS: NATIONAL EXHAUTION VS INTE~NATIONAL EXHAUTION; 4) MARKET CREATIONS THROUGH GOVERNMENTAL INTERVENTION; 5) ENCOURAGE THE INTERNATIONAL TRANSFER OF TECHNOLOGY; 6) INCREASED INTERNATIONAL ASSISTANCE TO LESS DEVELOPED COUNTRIES; 7) FREEDOM TO IMPORT LIFE SAVING DRUGS FROM FOREIGN MARKETS; 8) PROVISION FOR REASONABLE ROYALTIES; 9) HUMAN RIGHTS SHOULD BE GIVEN PARAMOUNT IMPORTANCE;
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Dissertation . Not for loan LLM064

CONTENTS DECLARATION; ACKNOWLEDGEMENT; ABBREVIATIONS; TABLE OF CASES; CHAPTER I;; INTRODUCTION PARIS CONVENTION 1883; MODERN INDIAN PATENT SYSTEM SINCE 1970; CIPLA CONTROVERSY AND INDIAN PATENT LAW; TRANS-NATIONAL CORPORATIONS AND RESEARCH AND DEVELOPMENT ACTIVITIES; COMPULSORY LICENCING; COMPULSORY LICENCING AND TRIPS; TRIPS AND PHARMACEUTICAL SCTOR; DOHA DECLARATION ON THE TRIPS; AGREEMENT AND PUBLIC HEALTH; RESEARCH METHODOLOGY; HYPOTHESIS; CHAPTERIZATION; TITLE OF THE PAPER; CHAPTER-II; THE GENESIS AND DEVELOPMENT OF MODERN PATENT SYSTEM AND THE ORIGIN OF PATENT LAW; THE STATUE OF MONOPOLY ; TRUE AND FIRST INVENTOR ; ANY MANNER OF NEW MANUFACTURE ; NOVELTY ; UTILITY ; THE EIHTEENTH AND NINETEENTH CENTURY DEVELOPMENTS; THE DEVELOPMENT OF INDIAN PATENT SYSTEM; CHAPTER III; THE IMPORTANCE OF COMPULSORY LICENSING; INTRODUCTION; COMPULSORY LICENSING - A BALANCER; COMPULSORY LICENSING – MEANING; WORKING OF PATENT; WORKING OF PATENT - NATIONAL DIMENSIONS; THE DEVELOPMENT OF COMPULSORY LICENSING IN THE INTERNATIONAL ARENA; "COMPULSORY WORKING" FINDING PLACE IN THE INTERNATIONAL INSTRUMENT; COMPULSORY LICENSING FINDING PLACE IN INTERNATIONAL PATENT INSTRUMENT - THE LISBON CONFERENCE OF 1958; ESTABLISHING COMPULSORY LICENSING AS THE PRIMARY SANCTION AGAINST ABUSE OF PATENT MONOPOLY - THE LISBON CONFERENCE OF 1958; COMPULSORY LICENSING - IN THE PATENT LAW OF INDEPENDENT INDIA; COMPULSORY LICENSING - LATEST DEVELOPMENTS; ECONOMICS OF COMPULSORY LICENSING - A GLIMPSE; CONCLCSION; CHAPTER IV; THE DEVELOPMENT OF COMPULSORY LICENSING SYSTEM UNDER INDIAN PATENT LAW AND ITS IMPACT ON INDIAN PHARMACEUTICAL INDUSTRIES; CHAPTER V THE COMPULSORY LICENSING PROVISION UNDER TRIPS AND ITS IMPACT ON PHARMACEUTICAL INDUSTRIES; COMPULSORY LICENSING UNDER TRIPS; THE US-SOUTH AFRICAN ROW OVER MEDICINES ACT OF 1997; THE BRAZIL'S INDUSTRIAL PROPERTY LAW 1997 AND ITS IMPACT; THE ANTHRAX SCARE: AN AMERICAN DILEMMA; CHAPTER VI DOHA DECLARATION: THE NEED FOR A BALANCE BETWEEN THE PATENTS AND THE PEOPLE; DOHA DECLARATION AND ITS IMPACT ON PHARMACEUTICAL INDUSTRIES; CHAPTER VII CONCLUSION; (1) A LIBERAL AND HOLISTIC INTERPRETATION OF TRIPS AGREEMENT; (2) TIRED PRICING OR DIFFERENTIAL PRICING; 3) PAMLLEL IMPORTS: NATIONAL EXHAUTION VS INTE~NATIONAL EXHAUTION; 4) MARKET CREATIONS THROUGH GOVERNMENTAL INTERVENTION; 5) ENCOURAGE THE INTERNATIONAL TRANSFER OF TECHNOLOGY; 6) INCREASED INTERNATIONAL ASSISTANCE TO LESS DEVELOPED COUNTRIES; 7) FREEDOM TO IMPORT LIFE SAVING DRUGS FROM FOREIGN MARKETS; 8) PROVISION FOR REASONABLE ROYALTIES; 9) HUMAN RIGHTS SHOULD BE GIVEN PARAMOUNT IMPORTANCE;