Pandey, B.N. and Saha, Prabhat Kumar

2020 special 301 report: patents and public health - Journal of the Indian Law Institute - 63(3), Jul-Sep, 2021: p.325-334

The threat of the US to impose unilateral trade sanctions continues with the release of USTR 2020 Special 301 Report for the “TRIPS-plus” patent protection to the US-based pharmaceutical MNCs in India. Waiving a “big stick” with unmerited “concerns” against Government of India to forgo public health safeguard provisions of patents law, coupled with poor implementations of these provisions in the recent past in India, make the provisions more vulnerable and millions of patients in need of critical life saving medicines more susceptible to death. Immediate action of the Government of India to officially reject the Special 301 Report completely and corrective measures to actualise public health safeguard provisions of patents law are needed to make essential medicines more affordable and accessible to protect public health. – Reproduced


Patents, Public health, Special 301, Section 3(d), Pre and post-grant opposition, Working of patents, Compulsory licensing, Inventive step, Data exclusivity.