Patenting in India –balancing access to affordable medicines and patents for pharmaceutical innovators

2^nd International Conference and Exhibition on Pharmaceutical Regulatory Affairs

November 23-24, 2012 Hyderabad International Convention Centre, India

Manthan D Janodia

Accepted Abstracts: Pharmaceut Reg Affairs

Abstract :

The issue of intellectual property and in particular patents is a matter of debate. The issue is more important with respect to pharmaceutical patents and various stakeholders which have led to fierce policy debate regarding patenting across the globe and in developing countries in particular. It is argued that patients in developing countries are deprived of access to health as newer medicines under patent are out of reach of millions either due to lack of access or due to prohibitive costs. The flexibilities under Trade Related Aspects of Intellectual Property Rights (TRIPS) are granted to member countries in order to protect public health. One of the flexibilities is granting compulsory license. Various developing countries such as Thailand granted compulsory license in the past in order to protect public health, but till recently India did not use the flexibility of compulsory license. The recent issue of compulsory license in India for Bayer?s anti-cancer drug Nexavar (Sorefenib Tosylate), has opened a pandora?s box. Since, multinational pharmaceutical companies may fear to introduce newer medical therapies in Indian market, it is important to repose their faith in the system so that new medicines are launched in India. Various measures such as monitoring of prices of patented medicines, negotiating the price of a patented medicine by the government before marketing, providing petty patents (utility patents) for minor innovations, procurement of patented medicines by government for public distribution, encouraging healthcare insurance, fostering Industry-Institute partnerships etc. may help balance access to affordable medicines and incentive for innovators.

Biography :

Manthan D Janodia has completed PhD in Intellectual Property Rights from Manipal University, Manipal in 2009. He is currently working as Assistant Professor in Department of Pharmacy Management, MCOPS, Manipal. He has published research and review articles in national and international journals. He has contributed chapters in book. He has presented papers in various national and international conferences on the topic of Intellectual Property. He is recipient of AICTE travel grant. He is a life member of APTI. He is also reviewer for various journals and is editorial board member of Journal of YoungPharmacists.