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TRIPS AND PHARMACEUTICAL INDUSTRY:ISSUES AND PROSPECTS

Dr. N. Lalitha, Assistant Professor, Gujarat Institute of Development Research, Ahmedabad.

Abstract

Trade Related Aspects of Intellectual Property Rights (TRIPS) brings in uniformity in the standards of intellectual property rights among the member countries of the WTO irrespective of their developmental status. It is expected that the product patents in the pharmaceutical sector will have its impact on the prices of pharmaceutical product, research and development, foreign direct investment and technology transfer. In the long-term, it is expected to stimulate the R&D, improve the foreign direct investment and the flow of technology, besides providing access to the latest breakthroughs in medicines. The extent to which such benefits will accrue depend on the domestic industry and the developmental status of the country that is undertaking the reform measures.  Though product patents confer monopoly rights on the inventor, yet there are certain clauses available within the TRIPS Agreement, which may be potentially used to the developing countries’ advantage. These are compulsory license, exceptions to exclusive rights and the principle of exhaustion. All these options are best suited for a country, which has a relatively well-developed domestic industry, which can quickly adapt the technology.  Viewed from this angle, India with its fairly developed pharmaceutical industry can benefit by suitably modifying its patent law. The industry by strengthening its R&D, besides focusing on new product development can also benefit as a contract researcher and manufacturer. This paper argues that the expertise of the Indian pharmaceutical industry in process development skills, if utilized within the WTO framework with emphasis on quality standards will provide India a competitive advantage over other Asian countries.

 

                                         Registration Form

1. Name                                                                     N. Lalitha

2. Address                                                                 Gujarat Institute of Development Research, Gota, Ahmedabad, 380060             

3. Phone Nos                                                             3742 366,3742 367, 3742 368

4. Fax No                                                                   3742 365

5. E.Mail Address                                                       gidrad1@sancharnet.in,
                                                                                  lalitha_narayanan@hotmail.com

6. Website                                                                 www.gidr.ac.in

7. Areas of Interest                                                   Impact of TRIPS on Pharmaceutical sector, compulsory licensing, R&D

8. Area of Expertise                                                  Issues Related to IPRs in Pharmaceutical Sector

9. Willingness to Present Paper                               Yes, I would like to present a paper

10. Likely Title of the Paper                                      TRIPS AND PHARMACEUTICAL INDUSTRY: ISSUES AND PROSPECTS

 
 
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