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1 results

  • 6 - Incorporating a Model of Human Rights into the Adjudication of Pharmaceutical Patent Cases (Part Three)

  • Emmanuel Kolawole Oke
  • Book:
    Patents, Human Rights, and Access to Medicines
    Published online:
    24 February 2022
    Print publication:
    03 March 2022, pp 133-163

  • Summary

    This chapter is structured into three main sections. Section 6.2 provides an overview of pharmaceutical patent law in India, while Section 6.3 examines the jurisprudence on the right to health in India. Section 6.4 examines how Indian courts have incorporated a model of human rights into their decisions in cases involving patent rights on pharmaceutical products. The chapter concludes with the view that the combined effect of the liberal interpretative approach adopted with regard to the constitutional right to life and the incorporation of a model of human rights into their decisions in patent cases has enabled Indian courts to safeguard and protect the enjoyment of the human right to health in India while adjudicating cases involving pharmaceutical patent rights.