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Title: Taming of the Flu: Working Through the Tamiflu Patents in India
Authors: Basheer, Shamnad
Keywords: Tamiflu;compulsory licensing;government use;acquisition of patents;parallel imports
Issue Date: Mar-2006
Publisher: CSIR
Abstract: With an impending Avian influenza or bird flu pandemic, the issue of patents and public health has once again taken centre stage. Oseltamivir (known by its brand name ‘Tamiflu’), a patented antiviral pill, has emerged as the world's first line of defence against bird flu. A key priority for most nations is to create sufficient stockpiles of this pill that can then be easily distributed and administered during a pandemic. Keeping this end in mind, this paper explores the patent position in India and looks at ways to work around a patent, should one issue in future, to accelerate access in the event of a pandemic. The paper recommends various strategies for creating an optimal and affordable stockpile and calls on the government to take a more definite stand in the matter.
Page(s): 113-124
ISSN: 0971-7544
Appears in Collections:JIPR Vol.11(2) [March 2006]

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