From Free Entry to Patent Protection: Welfare Implications for the Indian Pharmaceutical Industry

2011 ◽  
Vol 93 (1) ◽  
pp. 160-178 ◽  
Author(s):  
Antara Dutta
Keyword(s):  
Pharmaceutical Industry ◽  
Patent Protection ◽  
Free Entry ◽  
Welfare Implications ◽  
Indian Pharmaceutical Industry

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.

scholarly journals Innovative Space Occupied By Indian Pharmaceutical Industry: Future Prospects

2020 ◽  
Vol 5 (1) ◽  
Keyword(s):  
Pharmaceutical Industry ◽  
Patient Outcomes ◽  
Price Competition ◽  
Patent Protection ◽  
Drug Product ◽  
Profit Margins ◽  
Patent Term ◽  
The Us ◽  
Generic Products ◽  
Indian Pharmaceutical Industry

Through the 1984 Drug Price Competition and Patent Term Restoration Act, the Indian Pharmaceutical Industry has thrived in the US market by selling generic products at competitive rates. However, the traditional and conservative model is no longer sustainable as we head past the “patent cliff”. An innovative business model characterized by the development of “super-generics”, an improved version of an original drug product which has lost patent protection, is the next logical step as it is relatively less time consuming and less expensive compared to the development of a new chemical entity, while affording higher profit margins and potentially, better patient outcomes compared to generics. This presentation will highlight the current space occupied by these super-generics, why the traditional Indian Pharmaceutical Industry should transition to become more innovative as well as the regulatory, infrastructure and personnel requirements that such a transition would entail.

scholarly journals Effect of Financial Performance on Profitability in Indian Pharmaceutical Companies

2019 ◽  
Vol 8 (6) ◽  
pp. 4910-4916
Keyword(s):  
Pharmaceutical Industry ◽  
Financial Performance ◽  
National Economy ◽  
Pharmaceutical Companies ◽  
Government Control ◽  
Pharmaceutical Sector ◽  
Drug Store ◽  
Indian Pharmaceutical Industry

The total Indian pharmaceutical sector is exceedingly divided with in excess of 20,000 enlisted units. It has spread drastically over the most recent two decades. The pharmaceutical and the chemical industries in India is an amazingly separated market with solid value rivalry and government control. The pharmaceutical business in India meets around 705 of the nation's interest in bulk medications, pharmaceutical formulas, synthetics, tablets, oral and injectables. There are around 250 enormous units and around 8,000 SMUs, which structure the centre of the pharmaceutical business in India, including 4 Pubilc sector units. Looking forward, the worldwide drug store market is assessed at more than to 1.5 billion dollars constantly in 2020. The Indian pharmaceutical industry is growing significantly every year. The primary goal of this research unmistakably demonstrates that pharmaceutical organizations are working great as an industry as well as can add growth to the development of the national economy. In this way, we made an attempt to find the effect of financial performance on profitability.

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

scholarly journals Product, Medicinal Product, Basic Patent: The Relationship of Concepts in Regulation 469/2009 Overlooked by the CJEU

2021 ◽  
Author(s):  
Krystyna Szczepanowska-Kozłowska
Keyword(s):  
Pharmaceutical Industry ◽  
Medicinal Product ◽  
Patent Protection ◽  
Medical Application ◽  
Medicinal Products ◽  
Supplementary Protection Certificate ◽  
Basic Patent ◽  
Relationship Of ◽  
The Relationship ◽  
Practical Implications

AbstractThe CJEU Santen judgment defined the concept of a product for the purposes of Regulation 469/2009 on the supplementary protection certificate for medicinal products (Regulation (EC) No. 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (Codified version), [2009] OJ L152/1, as last amended by Regulation (EU) 2019/933 of 20 May 2019, [2019] OJ L153/1). Leaving aside the practical implications of this judgment in terms of the possibility of obtaining a supplementary protection certificate for a product protected by a patent for a second or further medical application (“application patent”), it is worth considering the reasoning the Court relies on to arrive at the thesis it formulates. While the Court’s response and the resulting impact will be treated differently depending on whether the actual extension of patent protection in the pharmaceutical industry is assessed as appropriate and desirable or whether the justification for said protection is questioned, the manner in which the provisions of Regulation 469/2009 are proposed to be interpreted raises doubts as to whether the final outcome of the interpretation is correct.

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