Contact: +91-9711224068
International Journal of Applied Research
  • Multidisciplinary Journal
  • Printed Journal
  • Indexed Journal
  • Refereed Journal
  • Peer Reviewed Journal

ISSN Print: 2394-7500, ISSN Online: 2394-5869, CODEN: IJARPF


Vol. 6, Issue 2, Part C (2020)

Patent law and practice parallel imports and its effect on access to medicine

Patent law and practice parallel imports and its effect on access to medicine

Kriti Singh
The present research paper seeks to discuss the problem of parallel importation and its effects on access to medicine in its legal aspects, to trace the conflict between rights of a patent holder and parallel importation as a defense for the protection of human rights of patients. This paper also aims to recommend the measures that may be adopted by nations and international forums and agencies so as to control and manage the patenting of essential medicines and other health related inventions and its fallouts on access to health and to overcome the defects and inadequacies in the present laws and the legal regime for the protection of patent right s and parallel importation and access to medicine and heal.
Parallel import means importing patented or trademarked products from a country where it is already marketed. The theory of exhaustion of intellectual property rights states that, with the first launch into the market of the product the exclusive right of the patent holder to import the product is exhausted. In a state or group of states when the principle of exhaustion is applied authorization for parallel importation is given within its territory to its subjects otherwise its only available to the person registered with the patent with its territory.
Parallel imports generally takes place where there is differential pricing of the same product, these are often also referred to as grey market products. The agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) clearly states that the practice of parallel importation cannot be challenged under the World Trade Organization (WTO) dispute settlement system and so is effectively a matter of national discretion.
Parallel imports can reduce the price of essential medicines and pharmaceuticals by introducing competition. However, they can also affect the negotiation of tiered pricing regimes with pharmaceutical companies. If a private pharmaceutical company agrees to sell a product at a lower price in poor countries, it will need some assurance that the cheaper product will not be imported back into its rich country markets, undercutting its profits.
Pages: 183-188  |  178 Views  3 Downloads
download (683KB)
How to cite this article:
Kriti Singh. Patent law and practice parallel imports and its effect on access to medicine. Int J Appl Res 2020;6(2):183-188.
Related Journals
Related Journal Subscription
Important Publications Links
International Journal of Applied Research

International Journal of Applied Research

Call for book chapter
International Journal of Applied Research