The decision to require that countries grant product patents for pharmaceutical innovations as a condition of membership in the World Trade Organization was very contentious. Almost 50 developing countries were not granting patent monopolies for drugs during the period the Uruguay round of GATT was being debated and these countries fiercely resisted the inclusion of this requirement, claiming that vastly higher drug prices would be associated with such patents. On the other side, business interest in the West urged them to consider the benefits such protection might bring both in terms of focusing more research on tropical diseases and encouraging greater domestic and foreign investment in local research activities. This paper discusses the various theoretical implications for a developing country of introducing product patents for pharmaceuticals. Using India as an example, it then brings together information gathered from both published sources and personal interviews to examine the potential magnitude of these effects. While not arriving at a conclusive answer to the question posed in the title, there are some suggestions about the way events might unfold as the policy is implemented.
|Other titles||Pharmaceutical product patents in India|
|Statement||Jean O. Lanjouw.|
|Series||NBER working paper series -- working paper 6366, Working paper series (National Bureau of Economic Research) -- working paper no. 6366.|
|Contributions||National Bureau of Economic Research.|
|LC Classifications||HB1 .W654 no. 6366|
|The Physical Object|
|Pagination||53 p. :|
|Number of Pages||53|
In contrast, China officially became a WTO member on Decem , but China had amended its patent law as early as in and had begun to grant product patent for pharmaceutical products and substances from January 1, , onward, 12 years earlier than : Juan He. Broadly, there are two types of patents available in pharmaceutical domain in India. The patent types include; • Product patent: It covers the product such as chemical compounds (drug substance or its intermediate), drug product such as chemical composition or drug formulation, polymorphic form, etc. The Introduction of Pharmaceutical Product Patents in India: Heartless Exploitation of the Poor and Suffering? By Jean O Lanjouw Get PDF ( KB)Author: Jean O Lanjouw. Patent rights were introduced in India for the first time in and, in , the Patent Act (“the Patents Act”) was passed, repealing all previous legislations. India is also a signatory to the Paris Convention for the protection of industrial property, , and the Patent Cooperation Treaty, File Size: KB.
introduced by January 1, , countries like India which had process patent regime covering pharmaceuticals and agricultural chemicals, would enjoy a longer transition period before they were required to introduce product patents from January 1, File Size: KB. Downloadable! The decision to require that countries grant product patents for pharmaceutical innovations as a condition of membership in the World Trade Organization was very contentious. Almost fifty developing countries were not granting patent monopolies for drugs during the period the Uruguay round of GATT was being debated and these countries fiercely resisted the inclusion of this Cited by: (Goldberg ). We use proprietary data on pharmaceutical sales in India. 1. from to , and link these data on when product patents were granted. We differentiate between two types of product patents. As described by Hemphill and Sampat (), a product patent claiming the active ingredient is generally the strongest and is likely toFile Size: 1MB. The Introduction of Pharmaceutical Product Patents in India: "Heartless Exploitation of the Poor and Suffering"? 1 Jean O. Lanjouw Yale University and the NBER I. Introduction TRIPs, the intellectual property component of the Uruguay round GATT Treaty, gave rise to an acrimonious debate between the developed countries and less developed countries (LDCs).
India and the Patent Wars: Pharmaceuticals in the New Intellectual. Property Regime. Abstract. [Excerpt]India and the Patent Wars contributes to an international debate over the costs of medicine and. restrictions on access under stringent patent laws showing how activists and drug companies Author: Murphy Halliburton. With the introduction of the Patents Act in , pharmaceutical companies were allowed to patent their process of manufacturing drugs. The patents were valid for seven years. With the introduction of GATT,  due to India becoming a signatory to it in many changes occurred in the Indian : Sylvine. 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 . of the Indian Patent Act (IPA) and the New Drug Policy (NDP) during this stage are important milestones in the history of the pharmaceutical industry in India. The IPA reduced the scope of patenting to only processes and non pharmaceutical products.