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Balancing Access and Innovation

Balancing Access and Innovation Opinion VIEWPOINT India’s Supreme Court Rules on Imatinib The World Intellectual Property Organization defines jection, India will be one of the top 10 global markets for RahulRajkumar,MD,JD Centers for Medicare & a patent as “an exclusive right granted for an invention, drugs by 2020, with a market size of $50 billion. Medicaid Services, US which is a product or a process that provides a new way To address these various interests, India adopted a Department of Health of doing something, or offers a new technical solution patent law with public health safeguards as imple- and Human Services, to a problem.” Patents provide their owners with these mented through 3 key provisions (Table). First, Section Baltimore, Maryland. exclusive rights for a limited period of time to stimulate 3(d) prevents patents on drug products created through Aaron S. Kesselheim, investment in innovation. The tension between provid- minor modifications to previously existing products that MD, JD, MPH ing a reward for innovation and the imperative to make do not demonstrate enhanced efficacy. These so- Division of the fruits of innovation widely available has con- called secondary patents are frequently criticized be- Pharmacoepidemi- founded policy makers for centuries. James Madison, cause of their http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png JAMA American Medical Association

Balancing Access and Innovation

JAMA , Volume 310 (3) – Jul 17, 2013

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Publisher
American Medical Association
Copyright
Copyright 2013 American Medical Association. All Rights Reserved. Applicable FARS/DFARS Restrictions Apply to Government Use.
ISSN
0098-7484
eISSN
1538-3598
DOI
10.1001/jama.2013.7336
pmid
23824051
Publisher site
See Article on Publisher Site

Abstract

Opinion VIEWPOINT India’s Supreme Court Rules on Imatinib The World Intellectual Property Organization defines jection, India will be one of the top 10 global markets for RahulRajkumar,MD,JD Centers for Medicare & a patent as “an exclusive right granted for an invention, drugs by 2020, with a market size of $50 billion. Medicaid Services, US which is a product or a process that provides a new way To address these various interests, India adopted a Department of Health of doing something, or offers a new technical solution patent law with public health safeguards as imple- and Human Services, to a problem.” Patents provide their owners with these mented through 3 key provisions (Table). First, Section Baltimore, Maryland. exclusive rights for a limited period of time to stimulate 3(d) prevents patents on drug products created through Aaron S. Kesselheim, investment in innovation. The tension between provid- minor modifications to previously existing products that MD, JD, MPH ing a reward for innovation and the imperative to make do not demonstrate enhanced efficacy. These so- Division of the fruits of innovation widely available has con- called secondary patents are frequently criticized be- Pharmacoepidemi- founded policy makers for centuries. James Madison, cause of their

Journal

JAMAAmerican Medical Association

Published: Jul 17, 2013

References