IP Protection Norms for Manufacturing Cheap Generic Drugs

A Political Declaration was adopted in the UN General Assembly on 10th June 2011 on HIV/AIDS. This declaration, inter alia, recognized the importance of affordable medicines, including generics in scaling up access to affordable HIV treatment. It mentions that protection and enforcement measures for intellectual property rights should be compliant with Trade Related Aspects of Intellectual Property Rights Agreement and should be interpreted and implemented in a manner supportive of the right of Member States to protect public health and, in particular, to promote access to medicines for all.

However, the underlying principle of India’s negotiating strategy on issues relating to IPR is that commitments will have to be fully circumscribed by TRIPS and the present domestic legal framework for IPR in India. 

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