India’s Pharmaceutical Innovation Policy: Developing Strategies for Developing Country Needs

Abstract

India’s insistence on flexibilities in pharmaceutical patent policies during TRIPS negotiations and the subsequent legislative implementation of TRIPS flexibilities led to India receiving attention in the pharmaceutical policy world early on. However, it is India’s actual usage of these flexibilities in the recent past – to prevent evergreening and to grant compulsory licenses – that has made nearly all parties interested in the effects of using flexibilities in the TRIPS Agreement sit up and take notice. India’s robust generics industry, burgeoning population and growing economy, contrasted with its significant poverty levels, make it a difficult country to ignore for countries on both sides of the rich-poor spectrum. With the (belated) fear that other developing countries may begin to take note of how they too can successfully implement such flexibilities, the newest wave of occidental pressure has come on stronger than ever. After examining the position and significance of pharmaceutical patents for the developing world, this article examines the specific developments that have led to this wave of pressure. Regardless of the increased access to medicines that these developments have brought about, India’s status as an influential state is on shaky ground if it is not in compliance with its international obligations under TRIPS. Drawing the conclusion that India is well within its rights under TRIPS, this paper goes on to explain the significance of India’s stance in the context of the tension a developing country faces between policy requirements and political pressures. Finally, the paper concludes by recognizing the difficult balance between incentivizing the creation of new medicines and ensuring maximum possible access to medicines that pharmaceutical innovation policy requires in the global context and recommends looking beyond just the patent system for pharmaceutical innovation.