Author : Carsten Fink
Publisher :
Page : 52 pages
File Size : 44,21 MB
Release : 2000
Category : Drugs
ISBN :
How will stronger patent rights in developing countries affect transnational corporations' behavior in and toward those countries? How will market structure and consumer welfare be affected by extending patent protection to products that could previously be freely imitated? Will research-based transnational corporations devote more resources to developing technologies relevant to needs in developing countries.
Author : Carsten Fink
Publisher :
Page : 46 pages
File Size : 28,64 MB
Release : 2016
Category :
ISBN :
How will stronger patent ...
Author : Carsten Fink
Publisher :
Page : 45 pages
File Size : 45,74 MB
Release : 2000
Category : Industria farmaceutica - India
ISBN :
Author : Yaeko Mitsumori
Publisher : Springer
Page : 122 pages
File Size : 30,34 MB
Release : 2018-06-28
Category : Business & Economics
ISBN : 9811067902
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-d‘) 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 India’s 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 Novartis’ 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.
Author : Priyanka Jain
Publisher : GRIN Verlag
Page : 61 pages
File Size : 27,52 MB
Release : 2020-01-24
Category : Law
ISBN : 3346103498
Doctoral Thesis / Dissertation from the year 2017 in the subject Law - European and International Law, Intellectual Properties, grade: 1, Coventry University, language: English, abstract: This research undertakes a review of available studies to conduct a critical analysis of the impact of patent protection in developing health care innovations and further on public health in India and the UK. A patent is an intellectual property right that is granted to an inventor of a product, to exclude others from manufacturing, selling, importing an invention without the permission of the inventor. It is a social contract whereby the patentee is granted a monopoly over their invention, and in return society receives innovation. Therefore, it is an incentive scheme to benefit inventors and society as a whole. There are several laws which regulate Patents, such as patent protection, increasing the life of a patent, reducing patentability standards and extending patent protection to undesirable products increase monopolies. The patent owners gain exclusive rights in the form of patents or an exclusive license, thus leading to an increase in the cost of such products. In addition, the patent owners adopt strategies to extend the scope of patent gain additional patents which protect the underlying ingredient of the medicine. Many pharmaceutical products are protected by Patents. The generic drug manufacturers in the pharmaceutical industry are affected such laws, which in turn affects the price of medicines available to patients. This creates a problem of access to affordable means of healthcare and further affects public health. Finally, the research will provide recommendations such as a framework of price control model to ensure sufficient access to medicines, and other recommendation for future of the progressing patent system of both the countries.
Author : Kung-Chung Liu
Publisher : Springer Nature
Page : 513 pages
File Size : 16,78 MB
Release : 2019-09-06
Category : Law
ISBN : 981138102X
This open access book analyses intellectual property codification and innovation governance in the development of six key industries in India and China. These industries are reflective of the innovation and economic development of the two economies, or of vital importance to them: the IT Industry; the film industry; the pharmaceutical industry; plant varieties and food security; the automobile industry; and peer production and the sharing economy. The analysis extends beyond the domain of IP law, and includes economics and policy analysis. The overarching concern that cuts through all chapters is an inquiry into why certain industries have developed in one country and not in the other, including: the role that state innovation policy and/or IP policy played in such development; the nature of the state innovation policy/IP policy; and whether such policy has been causal, facilitating, crippling, co-relational, or simply irrelevant. The book asks what India and China can learn from each other, and whether there is any possibility of synergy. The book provides a real-life understanding of how IP laws interact with innovation and economic development in the six selected economic sectors in China and India. The reader can also draw lessons from the success or failure of these sectors.
Author : Sudip Chaudhuri
Publisher : Oxford University Press, USA
Page : 384 pages
File Size : 14,12 MB
Release : 2005
Category : Business & Economics
ISBN :
The establishment of the World Trade Organization (WTO) in 1995 brought about significant changes in international economic relations between countries. To comply with the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the WTO, India introduced product patent protection in pharmaceuticals from January 2005. TRIPS has generated a huge controversy in India and abroad. India has emerged as a major source of low-cost, quality drugs for the entire world and thus plays an important role. While there are a large number of pharmaceutical manufacturers in the world, only a handful of multinationals dominate the industry. By using patent rights, multinational companies prevented developing countries like India from realizing their potential of industrial growth and drug prices were among the highest in the world.
Author : Shubham Chaudhuri
Publisher :
Page : 66 pages
File Size : 31,93 MB
Release : 2003
Category : Developing countries
ISBN :
Under the TRIPS agreement, WTO members are required to enforce product patents for pharmaceuticals. The debate about the merits of this requirement has been and continues to be extremely contentious. Many poor developing economies claim that patent protection for pharmaceuticals will result in substantially higher prices for medicines, with adverse consequences for the health and well-being of their citizens. On the other hand, research-based global pharmaceutical companies, which claim to have lost billions of dollars because of patent infringement, argue that prices are unlikely to rise significantly because most patented products have therapeutic substitutes. In this paper we empirically investigate the basis of these claims. Central to the ongoing debate is the structure of demand for pharmaceuticals in poor economies where, because health insurance coverage is so rare, almost all medical expense are met out-of-pocket. Using a product-level data set from India, which is unique in terms of its detail and coverage, we estimate key price and expenditure elasticities and supply-side parameters for the fluoroquinolones sub-segment of the systemic anti-bacterials (i.e., antibiotics) segment of the Indian pharmaceuticals market. We then use these estimates to carry out counterfactual simulations of what prices, profits (of both domestic firms and multinational subsidiaries) and consumer welfare would have been, had the fluoroquinolone molecules we study been under patent in India as they were in the U.S. at the time. Our results suggest that concerns about the potential adverse welfare effects of TRIPS may have some basis. We estimate that - in the absence of any price regulation or compulsory licensing - the total annual welfare losses to the Indian economy from the withdrawal of the four domestic product groups in the fluoroquinolone sub-segment would be on the order of U.S. $713 million, or about 118% of the sales of the entire systemic anti-bacter.
Author : Jakkrit Kuanpoth
Publisher : Edward Elgar Publishing
Page : 257 pages
File Size : 39,40 MB
Release : 2010-01-01
Category : Medical
ISBN : 1849808953
The book engages with a broad range of new case studies, providing a detailed examination of options for the resolution of access-to-medicine issues at global, national and local levels. In addition, the book reflects the significant progress in international and national patent law and in international policy-making in this area.
Author : National Research Council
Publisher : National Academies Press
Page : 457 pages
File Size : 33,50 MB
Release : 1993-02-01
Category : Political Science
ISBN : 0309048338
As technological developments multiply around the globeâ€"even as the patenting of human genes comes under serious discussionâ€"nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€"areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
