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JIPR Vol.07(4) [July 2002] >


Title: TRIPS and Parallel Imports — Impact on Drug Prices
Authors: Nair, M D
Issue Date: Jul-2002
Publisher: CSIR
Abstract:  In the ‘parallel imports’ products are made and marketed by the patent owner (or trademark- or copyright-owner, etc.) in one country and imported into another country without the approval of the patent owner. The legal principle here is ‘exhaustion’, the idea that once a company has sold its product, its patent is exhausted and it no longer has any rights over what happens to that product. It is a method of ensuring affordable access to essential goods. The paper discusses in detail the various provisions of TRIPS related to parallel imports and how it is being dealt with in USA, European Union, UK, Japan and Australia, and outlines the impact of parallel imports on prices. Some suggestions for enforcing ‘exhaustion regime’ in India are given.
Page(s): 342-345
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.07(4) [July 2002]

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