Intellectual Property Rights and Indian pharmaceutical companies

Intellectual Property Rights and Indian pharmaceutical companies

Author: Ayushi Shukla student at Renaissance University Indore (M.P)

Introduction

The topic of intellectual property rights (IPRs) has received a great deal of attention, especially in the context of Indian pharmaceutical enterprises. India, frequently referred to as the "Pharmacy of the World," is the world's top producer of reasonably priced generic medications. IPRs and the Indian pharmaceutical business have, nevertheless, generated discussions and problems.

Understanding Intellectual Property Rights

Patents, copyrights, trademarks, and trade secrets are only a few of the legal safeguards for mental works that fall under the category of intellectual property rights. Patents have a particularly important role in the pharmaceutical industry. For a set time, often 20 years, patents provide inventors the sole right to make, use, and sell their creations.

IPR Challenges Faced by Indian Pharmaceutical Companies

Patent rules and the TRIPS Agreement: In 2005, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) came into effect, significantly altering India's patent rules. In contrast to its previous system of process patents, TRIPS required India to grant product patents for pharmaceuticals. This modification makes it more difficult for Indian businesses to create generic versions of proprietary medications.

Access to Medicines: The cost of medications is a major concern on a global scale. Through the creation of low-cost generic versions, Indian pharmaceutical companies have been instrumental in providing millions of people around the world with access to necessary medications. But expensive pharmaceuticals may be harder to get, particularly for illnesses that are life-threatening. This is because of strict patent regulations.

Indian pharmaceutical companies frequently fight in court with multinational corporations over allegations of patent infringement. These legal battles can be expensive and time-consuming, taking money away from R&D.

Balancing Innovation and Access to Medicines

Although the move in India towards more robust IPR protection has caused some anxiety, it also offers opportunity for innovation in the pharmaceutical industry. Indian businesses are spending more money on research and development (R&D) in order to create novel medications and obtain their own patents.

Additionally, India includes limitations in its patent laws, such Section 3(d), which forbids the issuance of "evergreening" patents, in which current pharmaceuticals are modified slightly and then the patent is extended. This promotes a balance between safeguarding the rights of innovators and ensuring widespread access to inexpensive medications.

International Collaboration and Generic Licensing

Indian pharmaceutical businesses have looked into opportunities for collaboration and licencing arrangements with multinational pharmaceutical giants in order to traverse the intricacies of IPR. These agreements frequently permit Indian businesses to develop generic versions of patented medications for particular markets, increasing access to reasonably priced medications.

Patent laws and the future of the Indian pharmaceutical industry

Due to the lack of product patent protection for medicines and agrochemicals, several multinational corporations have reduced the number of products in their portfolios that are either no longer in use or are rare. Due to the introduction of the most cutting-edge medications to local producers via reverse engineering techniques, this has led to an erosion of their market dominance. 

How long will a patent that an Indian pharmaceutical business received last?

The Indian pharmaceutical company's patent protection period is :-

 seven years from filing; or 

five years from sealing the patent, whichever is less. 

This differs from other inventions, which are granted 14 years unless invalid. The patent is subject to amendments recommended by the International Conventions of IPR, to which India is a signatory. 

Conclusion

The issue of intellectual property rights presents a dilemma for Indian pharmaceutical firms. They provide difficulties in the form of pending litigation, rising R&D expenses, and potential limitations on the supply of generic medications. However, they also promote creativity and can result in the creation of new medicines. India, along with the rest of the world, must continue to struggle with finding a balance between IPR protection and affordable access to medications. Since they are committed to delivering high-quality healthcare solutions while evolving and adapting to shifting IPR landscapes, Indian pharmaceutical businesses play a crucial role in this situation.

References

ttps://www.drugdiscoverytrends.com/intellectual-property-and-the-indian-pharmaceutical-industry/#:~:text=Intellectual%20Property%20Rights,-These%20innovations%20lead&text=Patents%20provide%20pharma%20companies%20exclusive,commercialization%2C%20and%20protection%20of%20invention

https://www.mondaq.com/india/patent/865888/patents-and-the-indian-pharmaceutical-industry