Open AccessPATENT V/S MONOPOLY-A CASE STUDY
Author(s) -
Mamta Meena,
Jitendra Kumar Badjatya
Publication year - 2018
Publication title -
international journal of drug regulatory affairs
Language(s) - English
Resource type - Journals
eISSN - 2321-7162
pISSN - 2321-6794
DOI - 10.22270/ijdra.v1i2.111
Subject(s) - monopoly , license , business , public interest , law and economics , patent law , balance (ability) , law , economics , intellectual property , political science , market economy , medicine , physical medicine and rehabilitation
Provisions of Compulsory License balance this law between interest of Inventor & public as through these provisions License can be provided to others if the invention did not use sufficiently for Public.
In case of medicine this law remains in debate from its beginning as Drugs are essential & Life saving commodities & monopoly on drugs products can make them inaccessible to poor people.
Big Pharma players tries to extend monopoly on their patented products through subsequently filling frivolous Patents as report says that most of the Patents filed remain as minor modifications than any breakthrough invention. This practice doesn’t provide more new Drugs molecules which can help in fighting new form of disease, through this practice Pharma companies only tries to increase their profits.