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The Access RegimePatent Law Reforms for Affordable Medicines$
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Feroz Ali

Print publication date: 2016

Print ISBN-13: 9780199463480

Published to Oxford Scholarship Online: April 2016

DOI: 10.1093/acprof:oso/9780199463480.001.0001

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The Access Regime

The Access Regime

Creation, Working, and Pathways

(p.201) 7 The Access Regime
The Access Regime

Feroz Ali

Oxford University Press

The flexibilities of the TRIPS Agreement has been interpreted and applied in a restrictive manner by developed countries and promoted by developing countries. This chapter examines how the technology gap created by a patent can be bridged by building an access regime as against a regime that excludes competitors. More importantly the access regime enables the availability of life-saving drugs to the populace at large. The chapter further examines the reactions drawn by India’s access regime from developed countries, especially the United States. The Access Regime is dependent on the backing of strong executive which wields the law in alignment with the legislature’s intent. Further, this chapter discusses factors that are conducive to promote an access regime and those that restrict the growth of such a regime. Finally the chapter analyses whether the access regime model will work for all countries the same way it does for India.

Keywords:   access to medicines, life-saving drugs, pharmaceuticals, alternative models, generic drug manufacturers

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