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6 - Incorporating a Model of Human Rights into the Adjudication of Pharmaceutical Patent Cases (Part Three)

India as a Case Study

Published online by Cambridge University Press:  24 February 2022

Emmanuel Kolawole Oke
Emmanuel Kolawole Oke
Affiliation:
Edinburgh Law School, University of Edinburgh
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Summary

This chapter is structured into three main sections. Section 6.2 provides an overview of pharmaceutical patent law in India, while Section 6.3 examines the jurisprudence on the right to health in India. Section 6.4 examines how Indian courts have incorporated a model of human rights into their decisions in cases involving patent rights on pharmaceutical products. The chapter concludes with the view that the combined effect of the liberal interpretative approach adopted with regard to the constitutional right to life and the incorporation of a model of human rights into their decisions in patent cases has enabled Indian courts to safeguard and protect the enjoyment of the human right to health in India while adjudicating cases involving pharmaceutical patent rights.

Keywords

IndiaPatents ActConstitutionRight to HealthCompulsory LicencesEvergreeningPatent LinkageInjuctionsHuman RightsSupreme Court
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Chapter
Information
Patents, Human Rights, and Access to Medicines , pp. 133 - 163
Publisher: Cambridge University Press
Print publication year: 2022

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