Authors:
- Explains that the Indian pharmaceutical industry is No. 4 in the world in volume and its development is being carefully watched
- Explains why the Indian pharmaceutical industry successfully expanded even after the introduction of product patents
- Provides information on the unique article ā3dā in the Indian Patent Act and how it allows the Indian Patent Office to reject some patents that have been granted in the rest of the world
Part of the book series: SpringerBriefs in Health Care Management and Economics (BRIEFSHEALTHCARE)
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Table of contents (8 chapters)
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Front Matter
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Back Matter
About this book
This study analyzes the impact of the revision of the Indian Patent Act (2005) on the Indian pharmaceutical industry, which has been achieving healthy growth over the past 30 to 40 years or more. As of 2005, the Indian pharmaceutical industry was ranked as No. 4 in the world in terms of volume and 15th in terms of value. WTO/TRIPS required India to revise its patent law, however, and to introduce product patents in the pharmaceutical field. Many not only in India but also in the world had argued that the local pharmaceutical industry could deteriorate once a strong patent law (such as a product patent) was introduced. However, the Indian pharmaceutical industry has continued to develop rapidly even after the revision of the patent law in 2005. This present study started with efforts to work out the reason the Indian pharmaceutical industry successfully expanded even after the introduction of product patents. The study found that a unique article (the so-called '3-dā) inserted in the Patent Act 2005 might have played a role in diminishing or preventing a negative impact from the introduction of a strong patent system, such as a product patents. The study also considers that a change of the business model adopted by the Indian pharmaceutical industry might have contributed to diminishing the effect of the negative impact from the introduction of a strong patent law.
This study also covers recent developments in India regarding intellectual property rights and the pharmaceutical industry. One is Indiaās very first compulsory license granted to an Indian pharmaceutical company, Natco, against the large German pharmaceutical firm Bayer; and the second is the Supreme Court decision on Novartisā Gleevec. The study analyzes the fundamental problems that caused these two events: access to medicine and gaps in the concept of intellectual property in the pharmaceutical industry. As possible solutions to these fundamental issues, this book explores the ideas of voluntary licensing and tiered pricing.
Authors and Affiliations
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Osaka University, Osaka, Japan
Yaeko Mitsumori
Bibliographic Information
Book Title: The Indian Pharmaceutical Industry
Book Subtitle: Impact of Changes in the IPR Regime
Authors: Yaeko Mitsumori
Series Title: SpringerBriefs in Health Care Management and Economics
DOI: https://doi.org/10.1007/978-981-10-6790-7
Publisher: Springer Singapore
eBook Packages: Economics and Finance, Economics and Finance (R0)
Copyright Information: The Author(s) 2018
Softcover ISBN: 978-981-10-6789-1Published: 10 July 2018
eBook ISBN: 978-981-10-6790-7Published: 28 June 2018
Series ISSN: 2193-1704
Series E-ISSN: 2193-1712
Edition Number: 1
Number of Pages: VII, 120
Number of Illustrations: 8 b/w illustrations, 28 illustrations in colour
Topics: Health Economics, Health Care Management, Emerging Markets/Globalization