DATA EXCLUSIVITY AND THE PHARMACY OF THE WORLD: INDIA'S RESISTANCE, THE GLOBAL HEALTH STAKES, AND THE CASE FOR A LIABILITY RULE

Abstract

India has long served as the "pharmacy of the world" and a strong supporter of the generic pharmaceutical industry in order to secure the accessibility and affordability of drugs to the general public both domestically and internationally. Over the years, India has created a holistic anti-evergreening framework, including Section 3(d) of the Patents Act, 1970, compulsory licensing, and pre- and post-grant opposition mechanisms, which represent one of the most carefully constructed public health-oriented patent regimes in the developing world.