Patent Law

When Patents Meet Public Need โš–๏ธ


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๐Ÿ›๏ธ The Patent vs. Public Health Dilemma

๐ŸŒŸ Imagine a life-saving cancer drug exists, it's patented, but costs โ‚น2.8 lakh per month while a generic version could cost just โ‚น8,800. When should an inventor's 20-year monopoly give way to public need?

๐Ÿ’ก What You'll Discover:

  • ๐Ÿ” Why patents last exactly 20 years from application date - and when that changes
  • โš–๏ธ How compulsory licensing under Section 84 can break patent monopolies after 3 years
  • ๐ŸŽฏ The difference between patents and copyrights - and why patents are more powerful
  • ๐Ÿ’Š When public health trumps private profits in Indian law

๐Ÿš€ Real Cases Discussed:

  • ๐Ÿ’Ž Bayer Corporation vs. Union of India (2014) - The landmark case where a cancer drug's โ‚น2.8 lakh monthly cost was challenged
  • โญ Natco Pharma's compulsory license application - How an Indian company broke Bayer's monopoly on Sorafenib Tosylate (Nexavar)

๐ŸŽญ The Three-Way Balance:

  • ๐Ÿญ Rewarding innovation through temporary monopolies
  • ๐Ÿค Ensuring public access to essential medicines
  • ๐Ÿ‡ฎ๐Ÿ‡ณ Promoting local manufacturing over mere imports

๐ŸŽ™๏ธ This episode reveals how Indian courts balance billion-dollar R&D investments against life-and-death access to medicines - a legal tightrope walk that affects millions!

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Patent LawBy Sharad Bansal