Measures to strengthen intellectual property rights, for example, would require courts to impose injunctions on drug production whenever a complaint is filed, whereas courts today often allow production of life-saving drugs to continue while cases are pending.
There are also measures for widening lawsuits so patent holders can sue not just pharmaceuticals producing generics, but also those who supply materials as mundane as plastic bottles, nonprofit groups and foreign governments who purchase the drugs, and hypothetically even those who use them — the patients.
Another measure would let investors sue the Indian government if they feel their investment is being undermined, for example, by a license that allows a generic to be produced.
"Who do these measures serve? Not the European people, not the Indian people, not even the governments," said Indian lawyer Anand Grover, who since 2006 has served as a U.N. Special Rapporteur on human rights to health. "In fact, this is for a very small, profit-taking group of people."
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