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Medicine and the Law$
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K. Kannan

Print publication date: 2014

Print ISBN-13: 9780198082880

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780198082880.001.0001

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Medical Research and Patents

Medical Research and Patents

Chapter:
(p.393) 8 Medical Research and Patents
Source:
Medicine and the Law
Author(s):

K. Kannan

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198082880.003.0009

Medical research and patents are two distinct areas of study. This book addresses some of the recent developments in the field of genetics and microbiology and the ethical issues concerning the subjects in their application for patient care. Much of the research takes place in the field of understanding anatomy and physiology of humans for identifying the causes for the various diseases. Even a dead body has immense value as a subject of research and has potential as property. In the new patent regime, there are new requirements for indigenous pharmacological research and issues of consent and protection against health risks to persons undergoing clinical trial have assumed serious public concern with several reported cases of death and serious illness to human subjects of clinical trial. The imperatives of disclosure of risks and informed consent have never been more crucial than now. The state initiatives for health care to regulate tobacco consumption and promote manufacture and sale of iodized salt have not yielded significant results. Enforcement of standards of drugs through licensing and prosecution of manufacturers for spurious drugs are literally non-existent.

Keywords:   medical research, gene patent, stem cell research, tissue typing, ethical issues, clinical trial, product patent, process patent, Novartis case, compulsory licence, tobacco consumption, drug standards

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