Protecting Lives or Profiting?: India’s battle against Evergreening and Public Health

  • Prerna Behera
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  • Prerna Behera

    LL.M. Student at National Law Institute University, Bhopal, India

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This article explores the intricate connection between public health access to necessary medications in developing nations and intellectual property rights (IPRs), with a particular emphasis on India. It looks at the problems with "evergreening" patents—many pharmaceutical corporations make little changes to already-approved medications in order to prolong their patent life and keep them at high prices. The study makes the case that restricting evergreening is essential to guaranteeing poor countries' access to reasonably priced medications and advancing public health. The analysis also encompasses the latest modifications implemented to the Indian patent legislation and their possible implications for harmonizing the concerns of public health and innovation. Finally, the study emphasizes how important it is that future judicial rulings and interpretations clarify the meaning of the "efficacy" criterion in order to promote real innovation and knowledge exchange while protecting the public health.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 2484 - 2490


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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