Impact of product patent

Pharmaceutical patent law in india

It is observed that, though Pakistan also has process patent regime, some of the new drugs that were introduced in Pakistan by the MNCs were not introduced in India at all even though these MNCs were present in the country. Patented products will themselves ultimately contribute to that generic pool when their patents expire. Though many companies are investing like Ranbaxy, Nicholas Piramal, Cipla, CadilaPharma and Lupin, however it will at least be a decade before a critical mass is in place and results start accruing. The number of patent applications filed by Indian institutions is very less. This Act was a product of deep consideration and long deliberation to synchronize with the Directive Principles of State Policy contained in the Constitution which provides in Article 39 that: " The real impact will be seen only over the next years in the field of innovative drug discoveries: estimated to be only 3 per cent of the global formulations market. Chroust Eds. The cost estimate of successful drug development also includes the cost of research that fails to net new products. He further observes that FDI in the pharmaceutical industry outpaced FDI in most other sectors in Brazil after patent protection for medicines was abolished in that country. Some of the provisions within the TRIPS agreement mentioned in the above paragraphs clearly indicate that price controls could be imposed on the patented products. Interaction of continuity and change forces and e-government performance.

The State shall, in particular, direct its policy towards securing a. As those generic manufacturers don't have to bear the same development costs, they can sell their product at substantial discounted rates.

Product patent in india 2005

Furthermore, there is also a grey area here. Production of Off-Patent 36A realistic assumption is that, in near future, off-patent drugs will emerge as one of the important activity of Indian pharmaceutical firms. The introduction of product patents is considered as a major incentive for developing new medicines, especially for tropical diseases, not focused upon by the developed nations, it has a snowball effect on the Generic industries with only one saving clause. Many Indian firms are interested in entering into long-term arrangements with global businesses. The more telling fact in the data shown is that, while most new AIDS drugs are developed in North America more than 70 percent of AIDS patients live in sub-Saharan Africa, where few can afford the drugs they desperately need to survive. The economic condition of the India can be taken as a standard, if India cannot afford the drugs; nearly three forth of the countries will also not as they themselves dependant on the Indian generic industry. This is because the MNCs feared about the competition from the counterfeit products in India, whereas in Pakistan MNCs are stronger than the domestic firms. Google Scholar Sampath, P. The growth of generic pharmaceutical industry due to the favorable patent regime not only had impact in India but also well beyond its borders.

Donald Light, professor of comparative health care at the University of Medicine and Dentistry of New Jersey, criticizing the study, says, that it's impossible to determine how far prices are truly rising because of increasing developmental costs, the industry keeps a tight grab on the cost and only part is disclosed at intervals and that to only economists having ties with the industry.

These safeguards along with the Drug Price Control Order,which put a cap on the maximum price that could be charged, ensured that life-saving drugs are available at reasonable prices.

pharmaceutical patents

Also the government should probe in to factors that contribute to the widening gap between the proposed FDI and the actual FDI and rectify these bottlenecks.

Today, almost half of all prescriptions are filled with generic drugs and India it is required by the Government to prescribe affordable generic drugs. International Journal of Business Research, 8 3.

The more recent case of adapting the technology developed elsewhere to local conditions enabled by the process patent regime is the case of Viagra introduced by Pfizer.

transition from process patent to product patent in india

Journal of Change Management, 11 2— III Impact on the Pharmaceutical Sector on the Introduction of Product Patents This amendment to the Act of making the Indian Patent Act TRIPS compliant has accompanied intense debate and the striking feature of the continuing discussions about pharmaceutical product patents is the divergence between the strength of the claims made by both sides and the weakness of the empirical foundations for those claims.

Hence, using Article 7 of the TRIPS Agreement, country can make compulsory licensing flexible to provide for its domestic market and perform its responsibility of being the "pharmacy of the world".

Product patent example

Implication of new patent regime on Indian pharmaceutical industry—Challenges and opportunities. IV Conclusion The strength of the Indian pharmaceutical industry is in reverse engineering. Drug companies are sometimes accused of passing these big numbers on to the media to deflect public criticism about price gouging. This is the reason why the actual technology in a patent is often kept as a trade secret and which leads to entering in to a separate licensing agreement with the innovator for the transfer of that technology. The critical point is that the pharmaceutical industry and trade negotiators alike should not forget the true goal of drug innovation: saving lives. However, Art. In the absence of such health security schemes and with the very low purchasing power of the people in India, the Government of India has brought certain essential drugs under the price control. III Impact on the Pharmaceutical Sector on the Introduction of Product Patents This amendment to the Act of making the Indian Patent Act TRIPS compliant has accompanied intense debate and the striking feature of the continuing discussions about pharmaceutical product patents is the divergence between the strength of the claims made by both sides and the weakness of the empirical foundations for those claims. Profit should always be a means to this end, not vice versa. The same product is sold by the same company in Pakistan at Rs.

Smithkline-Beecham is one of the first such companies to leap into new technologies for gene-hunting. This is the main reason behind the introduction of product patent that might after-all encourage research and development in the field of tropical diseases.

what is difference between product and process patent

In the process, drug manufactures have become a powerful industry.

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Product Patent for the Indian Pharmaceutical Sector under the TRIPS regime