Delhi, India.

COVID-19 in India: Lockdown, Legal Challenges, and Disparate Impacts

By Anand Grover

With only four hours’ notice, the Government of India imposed a nationwide lockdown to combat COVID-19, which began on March 24th, 2020 and is scheduled to end on May 17th, 2020.

The lockdown was implemented through executive orders, beginning March 24th, 2020, together with guidelines under the Disaster Management Act (DMA).

Only essential services, such as those related to security, government, food, medical supplies, and municipal cleaning, were permitted to continue operations, albeit sometimes in a curtailed manner. Inter-state and district borders were sealed. All persons, except those engaged in essential services, were mandated to stay at home and observe social distancing. Testing, quarantine and contact tracing were employed to detect and prevent further transmission of the virus. Breach of orders was criminally punishable.

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a pill in place of a model globe

When it comes to opioids, it’s all about turf.

By Stephen Wood

When it comes to selling opioids, turf matters. Access to customers and geography play a role in the day to day sales of opioids. This often means selling in areas where there is a wanting and willing customer base with funds to spare. It also means picking a spot, a corner, where enforcement is low or where corruption can overcome most legal problems. The delivery can’t be too conspicuous. It needs to be hidden from plain sight, done in the shadows or alleyways where no one is looking. It’s a craft and when done right can lead to fistfuls of cash in the hands of the distributor, the dealer.

This may sound like a street-level drug deal, but it isn’t. It’s the tactic many American pharmaceutical companies are taking in response to increased regulation on prescription opioids. Like the stealth and shadowy moves of a street-level dealer, American pharmaceutical companies have moved their turf to new, mostly naïve markets to sell their wares. They have done this to escape the federal regulations that have limited their market; a response to the opioid crisis that has seen hundreds of thousands of lives affected by substance use disorder or lost to overdose.

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Big relief for Big Pharma: Indian Patent Office rejects application for compulsory license

Aditya Gupta

By a detailed order passed last week, the Indian Patent Office rejected an application for compulsory license filed by a generic drug manufacturer BDR Pharmaceuticals International Pvt. Ltd. (“BDR”) seeking a license of Bristol Myers Squibb’s (“BMS”) Indian patent for an anti-cancer drug. The Indian Patent Office found that BDR had not made out a prima facie case for grant of a compulsory license since it had not made efforts to obtain a voluntary license from BMS on reasonable terms and conditions.

Though the Indian Patent Office did not go into the merits of BDR’s application and rejected it on preliminary grounds, this victory will help restore pharmaceutical companies’ faith in the Indian patent system.

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