Intellectual Property Issues Surrounding Antimicrobial Agents

Abstract

The burden of antimicrobial resistance (AMR) is on a consistent rise worldwide. Antibiotics still remain as the principal armamentarium in combating infectious diseases despite profound improvements in the field of infection control and vaccination technology. WHO also recommends national action plans for mitigating AMR and appropriate financial support to attain the same. Implementation of the “Global Action Plan on Antimicrobial Resistance (GAP-AMR)” is essential for the development and conservation of antibiotics for which the WHO along with the “Drugs for Neglected Diseases Initiative (DNDi)” is creating a “Global Antibiotic Research and Development Partnership”. The three parallel objectives of this independent product development partnership are antimicrobial and point-of-care diagnostics R&D, conservation, and access to existing antimicrobials. One of the ways to procrastinate, if not preclude, the time travel back to the “pre-antibiotic era” is to optimize the IP practices, thereby creating a congenial environment for all the stakeholders. Striving for a balance between strict antimicrobial patenting practices and broader access to innovative antimicrobials is an indispensable “trade-off” for the mere existence of antimicrobials. This chapter discourses about the connection between antimicrobial R&D and the pharma industry, the contribution of patents in antimicrobial discovery, the alternative antimicrobial patenting practices, and the Indian scenario.