Chapter

Intellectual Property Rights and the Right to Health

Rajshree Chandra

in Knowledge as Property

Published in print May 2010 | ISBN: 9780198065579
Published online October 2012 | e-ISBN: 9780199080120 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198065579.003.0006
Intellectual Property Rights and the Right to Health

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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

Chapter.  19398 words.  Illustrated.

Subjects: Intellectual Property Law

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