The WTO and India’s Pharmaceutical Industry (Patent Protection, TRIPS, and Developing Countries)

Abstract

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. Introduction -- National patents, industrial policy, and rise and growth of the pharmaceutical industry in India -- Globalization of patent laws: flexibilities under TRIPS and changes in pharmaceutical patents in India -- Patent regime and role of MNCs in the pharmaceutical industry in India -- TRIPS and R & D for neglected diseases -- Growth and prospects of generic pharmaceutical exports in India -- TRIPS and affordability and accessibility of pharmaceutical products -- Drug price control: India's experience and future prospects -- Should developing countries provide patent protection in pharmaceutical products?