The Influence of TRIPS Compliant Patent Laws on Indian Pharmaceutical Industry

2014 ◽  
Vol 4 (1) ◽  
Author(s):  
Rupesh Rastogi ◽  
Virendra Kumar
Keyword(s):  
Pharmaceutical Industry ◽  
Patent Protection ◽  
Uruguay Round ◽  
Pharmaceutical Products ◽  
Trips Agreement ◽  
Patent Law ◽  
Patent Laws ◽  
The Impact ◽  
First Time ◽  
Indian Pharmaceutical Industry

The first legislation in India relating to patents was the Act VI of 1856. The Indian Patents and Design Act, 1911 (Act II of 1911) replaced all the previous Acts. The Act brought patent administration under the management of Controller of Patents for the first time. After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective. Various comities were constituted to recommend, framing a patent law which can fulfill the requirement of Indian Industry and people. The Indian Patent Act of 1970 was enacted to achieve the above objectives. The major provisions of the act, provided for process, not the product patents in food, medicines, chemicals with a term of 14 years and 5-7 for chemicals and drugs. The Act enabled Indian citizens to access cheapest medicines in the world and paved a way for exponential growth of Indian Pharmaceutical Industry. TRIPS agreement, which is one of the important results of the Uruguay Round, mandated strong patent protection, especially for pharmaceutical products, thereby allowing the patenting of NCEs, compounds and processes. India is thereby required to meet the minimum standards under the TRIPS Agreement in relation to patents and the pharmaceutical industry. India’s patent legislation must now include provisions for availability of patents for both pharmaceutical products and processes inventions. The present paper examines the impact of change in Indian Patent law on Pharmaceutical Industry.

A Study of Marketing Strategies of Pharmaceutical Industry in India

2019 ◽  
Vol 6 (1) ◽  
pp. 27-37
Author(s):  
Tahzeebul Hasan Siddiqui ◽  
Rakesh Kumar Yadav
Keyword(s):  
Pharmaceutical Industry ◽  
Pharmaceutical Products ◽  
Multiple Correlation Coefficient ◽  
Marketing Strategies ◽  
Brand Trust ◽  
Marketing Tactics ◽  
Media Message ◽  
Brand Affect ◽  
The Impact ◽  
Indian Pharmaceutical Industry

Indian pharmaceutical industry is growing with leaps and bound. The growth in Indian pharmaceutical companies is not only in terms of market capitalization but its affordability and availability is also appreciable. Modern day’s pharmaceutical businesses are very complex. Earlier the businesses were using easy marketing tactics to meet the needs of market. Medical products could easily build their brand status. Building brand trust, attracting purchase, creating brand affect and brand loyalty was easier. Marketing and branding revolve around media, message repetitions, recall value and creativity.  In present study the Indian pharmaceuticals companies’ branding techniques have been studied. It is never possible to observe the impact in general and about all the branding techniques used by companies. The study is based on a survey of 500 respondents. We have taken four hypotheses related to the issue. For the testing of hypothesis correlation (r) and multiple correlation coefficient(R) is calculated. Further we have mentioned the other findings that we came across while study that can contribute to the marketing of pharmaceutical products.

scholarly journals Determinants of Merger and Acquisition: An Indian Pharmaceutical Industry Perspective

2019 ◽  
Vol 8 (2S11) ◽  
pp. 3081-3088
Keyword(s):  
Pharmaceutical Industry ◽  
Mergers And Acquisitions ◽  
Competitive Advantage ◽  
Secondary Data ◽  
Merger And Acquisition ◽  
Company Performance ◽  
Compulsory Licensing ◽  
The Impact ◽  
Negative Factors ◽  
Indian Pharmaceutical Industry

Mergers and acquisitions (M&A) have gained prominence across the globe as a way of gaining competitive advantage and boosting the profit of the companies. The Indian pharmaceutical industry has readily embraced M&As in the recent times and has witnessed a number of profitable deals materialize, while some indeed failed. The success of M&As is contingent upon a variety of factors and eventually has a bearing on how the acquiring and target companies perform. This study intended to identify the various factors that either lead to or impede M&As and to measure their impact on company performance. The factors that motivate and discourage M&As were identified and the importance of factors such as deal size and compulsory licensing requirement in M&A success was assessed and the impact of the all these factors on the performance of the companies was assessed using both primary and secondary data. The encouraging and discouraging aspects of M&A were found to impact company performance significantly, so did the deal size and compulsory licensing requirement. The findings implied that the success of M&As depends on a variety of positive and negative factors and the participating companies need to balance these factors judiciously in order to obtain realistic profits from M&As

Technological Innovations and Market Power: A Study of Indian Pharmaceutical Industry

2020 ◽  
pp. 097639962094427
Author(s):  
Madan Dhanora ◽  
Ruchi Sharma ◽  
Walter G. Park
Keyword(s):  
Pharmaceutical Industry ◽  
Market Power ◽  
Process Innovation ◽  
Technological Innovations ◽  
Firm Level ◽  
Innovation Activities ◽  
Product And Process Innovation ◽  
Product And Process ◽  
The Impact ◽  
Indian Pharmaceutical Industry

Technological innovations are positively associated with firms’ market performance. This study aims to examine the impact of product and process innovation on the market power of 168 Indian pharmaceutical firms during 2000–2013. We generate product and process patent stock to capture firm-level innovation activities. Findings of this study suggest that both product and process innovation positively influence firms’ market power. Results also reveal that MNEs enjoy more market power in the Indian pharmaceutical industry. Further, this study also highlights that there is a differential impact of firms’ product group on market power. This study concludes that patenting is a positive source of firm performance in the Indian pharmaceutical industry.

scholarly journals An Analysis of the Transformation of Mega-Pharma’s Business Model toward the Emerging Market

2020 ◽  
Vol 4 (4) ◽  
pp. 253-262
Author(s):  
Yaeko Mitsumori
Keyword(s):  
Patent Protection ◽  
Business Models ◽  
Emerging Market ◽  
Patent Application ◽  
Pharmaceutical Products ◽  
Patent Law ◽  
Pharmaceutical Market ◽  
Pharmaceutical Companies ◽  
Indian Market ◽  
Application Data

The Trade-Related Aspects of Intellectual Property Rights（TRIPS) requires all member countries of the World Trade Organization (WTO) to introduce a TRIPS-compatible patent law into their countries. Due to the enforcement of TRIPS in 1995, India in 2005 revised its patent law and enacted the Patents (Amendment) Act, 2005. The 2005 ACT included product patent in pharmaceutical field. Due to the new patent law with product patent protection, large foreign capital pharmaceutical companies one after another re-entered the Indian market and started engaging in both R&D and production targeting the Indian market. However recent data shows the number of patent applications has been declining over the past several years and the number of patented drugs launched in India did not increase so rapidly. This study analyzes transitions of business models of foreign pharmaceutical companies in India based on the patent application data, and the trend of patented drugs in the market. A data analysis and a series of interviews with stakeholders were conducted. As a result of both a quantitative and a qualitative analysis, it was found that foreign pharmaceutical companies changed their strategies in the Indian pharmaceutical market. Since India was required to introduce product patents in the pharmaceutical area, there have been many arguments that once India introduces a product patent, the Indian pharmaceutical industry may decline due to the rapid introduction of foreign pharmaceutical products in the country; many academic papers were published in this context during that time. However, since 2005, when product patents were actually introduced in India, few academic papers were published. This study is unique as it discusses the effects of the introduction of product patents on the Indian pharmaceutical market.

scholarly journals Vaccine nationalism and equitable access to COVID-19 pharmaceuticals: TRIPS Agreement under trial (again)

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Boniface Chimpango
Keyword(s):  
Low Income ◽  
Empirical Studies ◽  
Pharmaceutical Products ◽  
Trips Agreement ◽  
Low Income Countries ◽  
Equitable Access ◽  
Content Type ◽  
Near Term ◽  
Procurement Strategies ◽  
The Impact

Purpose The purpose of this study is to contribute towards the debate about global access to COVID-19 vaccines, therapeutics and diagnostics. Design/methodology/approach The global scramble for COVID-19 vaccine and other related pharmaceutical products have once again exposed the limitations of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). High-income countries are claiming a lion’s share of the first available batches of the COVID-19 vaccine in total disregard of the consequences such approach would have on the low-income countries that lack both the manufacturing wherewithal and the financial resources to purchase the vaccine and other products needed to combat the pandemic. This paper reviews the existing TRIPS Flexibilities and analyses their limitations with respect to equitable access of pharmaceutical products in times of health emergencies. This paper then considers the unique challenges that have been brought to the fore by the COVID-19 pandemic. Finally, this paper analytically explores some options that have been proposed so far that the World Trade Organization (WTO) or governments can take in the immediate to near term to facilitate equitable access to COVID-19 pharmaceutical products and technologies. This research is non-empirical, desk-based research. It is, therefore, based on the literature review of existing body of work that is relevant to the topic under discussion. Mindful of the epistemological challenges that are always associated with desk-based research, part of the methodology of this work is to seek support from related empirical studies based on different philosophical underpinnings but that confirm the working hypothesis of this research. Findings This paper finds that there is still a need for a comprehensive reform of TRIPS Agreement to streamline the voluntary licencing system which is an important tool for low-income countries’ access to affordable pharmaceuticals. However, for purposes of dealing with COVID-19, WTO members should consider establishing pooled Licencing Facilities and procurement strategies via already existing political, economic or regional trade groupings. Originality/value This research is original. All sources have been acknowledged. This research synthesises different research papers and applies different viewpoints to the debate on the impact of the TRIPS Agreement on equitable access to COVID-19 vaccines, therapeutics and diagnostics.

Biopharma Drugs Innovation in India and Foreign Investment and Technology Transfer in the Changed Patent Regime

2011 ◽  
pp. 210-225
Author(s):  
Rakhi Rashmi
Keyword(s):  
Technology Transfer ◽  
Intellectual Property Rights ◽  
Foreign Investment ◽  
Direct Investment ◽  
Patent Protection ◽  
Trips Agreement ◽  
Investment Climate ◽  
Indian States ◽  
The Impact ◽  
The Relationship

This chapter addresses the relationship between the intellectual property rights and Foreign Direct Investment in the context of Indian biopharma Industry to assess the impact of the TRIPs agreement of WTO on the biopharmaceutical industry of developing countries. The central issue in this study is the extent to which patent reform (after the imposition of the TRIPs agreement in 1995) affects India’s ability to attract technology transfer for biopharmaceutical drugs innovation. The study analyzes FDI flow in the biopharma industry in Pre TRIPs (before the imposition of product patent protection 1991-1999) and post TRIPs (after product patent protection, 1999-2005). It does a comparative analysis of the relationship between the amount of foreign investment in different Indian states and the investment climate ranking of those states that are the part of Indian bio cluster.

Biopharma Drugs Innovation in India and Foreign Investment and Technology Transfer in the Changed Patent Regime

2013 ◽  
pp. 846-859
Author(s):  
Rakhi Rashmi
Keyword(s):  
Technology Transfer ◽  
Intellectual Property Rights ◽  
Foreign Investment ◽  
Direct Investment ◽  
Patent Protection ◽  
Trips Agreement ◽  
Investment Climate ◽  
Indian States ◽  
The Impact ◽  
The Relationship

This chapter addresses the relationship between the intellectual property rights and Foreign Direct Investment in the context of Indian biopharma Industry to assess the impact of the TRIPs agreement of WTO on the biopharmaceutical industry of developing countries. The central issue in this study is the extent to which patent reform (after the imposition of the TRIPs agreement in 1995) affects India’s ability to attract technology transfer for biopharmaceutical drugs innovation. The study analyzes FDI flow in the biopharma industry in Pre TRIPs (before the imposition of product patent protection 1991-1999) and post TRIPs (after product patent protection, 1999-2005). It does a comparative analysis of the relationship between the amount of foreign investment in different Indian states and the investment climate ranking of those states that are the part of Indian bio cluster.

Patent Protection

2018 ◽  
Author(s):  
Stuart O. Schweitzer ◽  
Z. John Lu
Keyword(s):  
Pharmaceutical Industry ◽  
Strategic Behavior ◽  
Patent Protection ◽  
The United States ◽  
Marginal Production ◽  
System P ◽  
Advanced Economies ◽  
Patent Laws ◽  
Short Run ◽  
Innovative Drugs

Patent protection, innovation, and profitability are all intimately connected in the pharmaceutical industry. Without patent protection there would be no marketing exclusivity, and competitors would immediately enter any market where there was a new successful drug, eventually driving price down to the marginal production cost. Future R&D would never take place because there would be no way for firms to earn a yield on those investments in developing new pharmaceuticals. Patents, however, entail societal cost, because they raise the diffusion cost of knowledge and makes some innovative drugs prohibitively expensive in the short run. This chapter examines key patent laws applicable to the pharmaceutical industry, including category, duration, scope, infringement, and ground for challenge, both in the United States and in other advanced economies. Examples of strategic behavior by branded and generic firms are discussed. The chapter also provides a review of recent literature critical of the patent system.

Is 'evergreening' a cause for concern? A legal perspective

1969 ◽  
Vol 13 (4) ◽  
Author(s):  
Scott Parker ◽  
Kevin Mooney
Keyword(s):  
Patent Protection ◽  
Cost Effective ◽  
Pharmaceutical Products ◽  
Patent Law ◽  
Patent System ◽  
Pharmaceutical Companies ◽  
Generic Competition ◽  
Legal Perspective ◽  
The Uk ◽  
Weak Patents

A number of fundamental principles (and misconceptions) of patent law and of the system for granting and enforcing patents lie at the heart of the so-called 'evergreening' debate on patent protection for pharmaceutical products. The purpose of this paper is to consider 'evergreening' from a legal perspective and to evaluate the extent to which the patent system operates to safeguard against the claimed abuses. In the authors' view the allegation that pharmaceutical companies have been able to delay substantially the entry of generic competition by 'evergreening' many of their patents simply does not reflect the reality and mischaracterises how the patent system operates in the context of technological innovation. A patent over an improvement does not restrict a generic company from launching a competitor of the originator product and, in the UK at least, the procedure and attitude of the court is conducive to the speedy and cost-effective challenge of 'weak' patents.

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