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AIDS DRUGS, NATIONAL EMERGENCY & CIPRO Srividhya Ragavan Nat. Academy For Legal Studies & Research
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Current Realities International National
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International Realities - Doha Declaration Protects Public Health & Access to Drugs (Clause 4) Incorporates Flexibilties under TRIPS (Clause 5)
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International Realities - Doha Declaration Interpretation of TRIPS vis-à- vis Article 7 & 8 Compulsory Licensing Powers National Emergency Establishing own regimes of Exhaustion
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International Realities - Doha Declaration Establishment of Generic Drug Industry (Clause 6) Extension of Time (Clause 7)
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Why did Doha Happen South Africa Thailand Brazil India
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America’s Reaction to Doha Pre-September 11th Reaction Post War on Terror Reaction
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American Reiterating International Trend Anthrax & Effect Price Control By States Florida Maine Rx Program Vermont
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National Realities Amendment to Hatch-Waxman Authorizing Parallel Imports from Canada
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Effect of the Changes - General International Law’s Direction Legitimization of the generic drug industry The Status of TRIPS as a Treaty
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Effect of the Changes - Developing Countries Understanding of TRIPS in Developing Countries Bargaining Power - Anthrax & The war on terror
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Effect of the Changes - Developed Countries Loss of Stature Loss of the Trade Sanction stick Loss of Bargaining Power New Focus on Trade Policy
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Effect of the Changes - Pharmaceutical Industry Loss of ‘Capitol’ Alteration of Basic Social Contract Market losses
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How? Strategy Legal Issues
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Pharma Strategy Issues for Developing Countries – Not Patentability Choice for Pharmaceutical Industry
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Pharma Strategy Impractical Assumptions –Leading to generic drug industry People’s Reactions Unrealistic Expectations from the Government
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Legal Perspectives Traditional Economic Rationales of Patent policies Research & Development
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A Future Strategy Strategy Focus –Investments and Relaxation –Indian Computer Industry –Better access leads to less price control – Drug Price Control Order
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