People’s Procuratorate of Taizhou City, Jiangsu Province v. Wang Guiping [江苏省泰州市人民检察院诉王桂平]
Country: ChinaYear: 2008
Court: High People's Court of Jiangsu Province
Health Topics: Medicines, Public safety
The defendant appealed a decision from the Intermediate People’s Court of Taizhou City, Jiangsu Province (the “Intermediate Court”) finding him guilty of: (1) endangering public security by dangerous means; (2) selling counterfeit or fake products; and (3) falsely declaring registered capital. In 2005, the defendant used a counterfeited business license to develop a relationship with …Read more
SASIA, Pablo Javier y otros v. Central Unit of State Acquisition of Medication and Related Goods (Unidad Centralizada de Adquisición de Medicamentos y Afines del Estado)
Country: UruguayYear: 2008
Court: Civil Appeals Court, 5th District [Tribunal Apelaciones Civil 5ºTº]
Citation: Sentencia Nº16/2008
Health Topics: Health care and health services, Health systems and financing, Medicines
Human Rights: Right to health
This case was brought against the Central Unit of State Acquisition of Medication and Related Goods for supplying generic versions of antiretroviral drugs that were allegedly of lower quality than their original versions. The complainants alleged that their constitutional right to health had been violated. The complainants had lost at the trial court level and …Read more
Solomakhin v. Ukraine
Country: UkraineYear: 2008
Court: European Court of Human Rights
Citation: [2012] ECHR 24429/03
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Hospitals, Infectious diseases, Informed consent, Medical malpractice
Human Rights: Right to bodily integrity, Right to privacy
The applicant, Sergey Solomakhin, visited Donetsk City Hospital on November 23rd, 1998. There, he was diagnosed with an acute respiratory disease and prescribed out-patient treatment. On his next visit, the hospital conducted a diphtheria vaccine reaction test, and he did not react to the diphtheria antigens. On November 28th, 1998, he was vaccinated against diphtheria. …Read more
Treatment Action Campaign, et al. v. Rath, et al.
Country: South AfricaYear: 2008
Court: High Court (Cape of Good Hope Provincial Division)
Citation: [2008] ZAWCHC 34; [2008] 4 All SA 360 (C)
Health Topics: HIV/AIDS, Medicines
The applicants, T and S, applied for relief against the 12 respondents in relation to certain vitamin-based pharmaceutical products (“Products”) which T and S alleged were being unlawfully distributed and marketed in South Africa as a treatment for AIDS while the distributors discredited legitimate antiretroviral medicines. T and S produced expert testimony that antiretroviral medicines …Read more
Qobalia v. Ministry of Labour, Health and Social Affairs
Country: GeorgiaYear: 2005
Court: Supreme Court
Citation: Case No. bs-434-25 (3k-05)
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health information, Medicines
Human Rights: Right to health, Right to life
The plaintiffs alleged violations of the statute on the Protection of Consumers’ Rights for the failure of the respondents to develop standards of evaluation regarding imported vaccinations and the failure to notify the public about the risks associated with the imported vaccinations. G. Qobalia was a 12 year-old healthy child. He was vaccinated against Hepatitis …Read more
The Affordable Medicines Trust, et al. v. Minister of Health and Director-General of Health
Country: South AfricaYear: 2005
Court: Constitutional Court
Citation: Case CCT 27/04
Health Topics: Health systems and financing, Medical malpractice, Medicines
Human Rights: Right to work
T, an organisation campaigning on behalf of those seeking affordable medicines in addition to promoting the rights of medical practitioners to dispense medicines to the public, together with N, an association of dispensing providers and M, a medical practitioner authorised to dispense medicines, challenged certain aspects of a licensing system governed by the Medicines and …Read more
Canada – Patent Protection of Pharmaceutical Products
Country: CanadaYear: 2000
Court: World Trade Organization
Citation: WT/DS114/R
Health Topics: Medicines
The European Communities and their member States challenged Sections 55.2(1) and 55.2(2) of the Patent Act of Canada, which created exceptions to the exclusive rights of patent owners, as violating provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS” or “TRIPS Agreement”). Under Article 28.1 of the TRIPS Agreement, parties were to ensure patent owners the …Read more
People of the Philippines v. Estrada and Lanuza
Country: PhilippinesYear: 2000
Court: Supreme Court
Citation: G.R. No. 124461
Health Topics: Medicines
Human Rights: Right to health
The Petitioner sought to appeal an earlier order of the Supreme Court requiring that seized drugs be returned. In that case, the Court had declared a search warrant invalid for failing to meet constitutional requirements, and required the Petitioner to return the drugs seized in a contraband raid. The drugs had been found genuine upon …Read more
Sahil Society v. Union of India and Anr
Country: IndiaYear: 1998
Court: High Court - Allahabad
Citation: AIR 1999 All 87; 1998 AWC 306; 1998 4 AWC 306
Health Topics: Medicines
Human Rights: Right to health, Right to life
The Petitioner, Sahil Society for the Welfare of Aged Poor and Homeless, filed a writ petition as a public interest litigation in the Allahabad High Court. The petition was filed under Article 226 of the Constitution of India (original jurisdiction of High Courts). The Petitioner requested the Court to direct the Union of India to …Read more
Vincent Panikurlangara v. Union of India and Ors
Country: IndiaYear: 1987
Court: Supreme Court
Citation: 1987 AIR 990; 1987 SCR (2) 468; 1987 SCC (2) 165; JT 1987 (1) 610; 1987 SCALE (1) 490
Health Topics: Medicines
Human Rights: Right to health, Right to life
The Petitioner, Vincent Panikurlangara, filed this public interest litigation in the Supreme Court. He sought directions for implementation of an adequate, central policy and establishment of a central drug standards authority, with suitable enforcement powers to ban “harmful and injurious drugs.” Sections 10-A and 26-Aof the Drugs and Cosmetics Act, 1940 (the Act) conferred on …Read more