Economics Commentary on Market Structure

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  • Topic: Royalties, Patent, Patent law
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  • Published : April 9, 2013
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ECONOMICS COMMENTARY

Commentary number: 2

Title of extract: Govt begins work on 3 more compulsory licences

Source of extract: Business Standard

Date of extract: March 30, 2013

Word count: 750 words

Date the commentary was written: 1/04/2013

The commentary relates:

Candidate name:

Sushmi Dey  |  New Delhi  March 30, 2013

Govt begins work on 3 more compulsory licences

DIPP wants foolproof case on anti-cancer drugs of Roche, Bristol-Myers

The department of industrial policy and promotion is actively considering the grant of compulsory licences for three new anti-cancer drugs. The department, a wing of the commerce ministry, which also looks at intellectual property-related issues, has sought details regarding prices, efficacy levels and size of the patient pool in need of such treatment from the health ministry, a government official said. The proposal, initially mooted by a panel formed under the health ministry, recommends invoking the compulsory licence rule for three drugs— trastuzumab, ixabepilone and dasatinib — sold by multinational companies. While trastuzumab is manufactured and patented by Roche, ixabepilone and dasatinib are patented products of Bristol-Myers Squibb. “We have written back to the health ministry, seeking more details on these drugs…We have sent a list of around 21 queries,” the official, privy to the developments, told Business Standard. “It is important to have these details before we move forward because such decisions can be challenged in a court of law. So, we have to be prepared to face the outcomes and sustain the decision.” The panel, chaired by R K Jain, additional secretary in the health ministry, suggested invoking Section 92 of the patent law for these three medicines. This section allows the government to grant a compulsory licence “in circumstances of national emergency or in circumstances of extreme urgency or in case of public non-commercial use”. Once the government invokes...
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