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Optimal Policy for Biopharmaceutical Drugs Innovation and Access in India

Optimal Policy for Biopharmaceutical Drugs Innovation and Access in India

Rakhi Rashmi
Copyright: © 2011 |Pages: 41
ISBN13: 9781616928469|ISBN10: 1616928468|EISBN13: 9781616928483
DOI: 10.4018/978-1-61692-846-9.ch007
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MLA

Rashmi, Rakhi. "Optimal Policy for Biopharmaceutical Drugs Innovation and Access in India." Regional Innovation Systems and Sustainable Development: Emerging Technologies, edited by Patricia Ordóñez de Pablos, et al., IGI Global, 2011, pp. 74-114. https://doi.org/10.4018/978-1-61692-846-9.ch007

APA

Rashmi, R. (2011). Optimal Policy for Biopharmaceutical Drugs Innovation and Access in India. In P. Ordóñez de Pablos, W. Lee, & J. Zhao (Eds.), Regional Innovation Systems and Sustainable Development: Emerging Technologies (pp. 74-114). IGI Global. https://doi.org/10.4018/978-1-61692-846-9.ch007

Chicago

Rashmi, Rakhi. "Optimal Policy for Biopharmaceutical Drugs Innovation and Access in India." In Regional Innovation Systems and Sustainable Development: Emerging Technologies, edited by Patricia Ordóñez de Pablos, W.B. Lee, and Jingyuan Zhao, 74-114. Hershey, PA: IGI Global, 2011. https://doi.org/10.4018/978-1-61692-846-9.ch007

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Abstract

In theory, patents work by providing the inventor an incentive to invent in the first place and then to disclose. Disclosure to the public is rewarded by giving the inventor a monopoly. As product patent and higher patent protection has been advocated by Art 27.1 of the TRIPs agreement on the basis that for greater innovation through transfer of technology is a necessity in developing countries like India as it provides capital to fund expensive innovations, who are otherwise not be able to fund expensive innovations on its own. On the other hand, at the same time drugs are also related with the health of the people and to take care of the health of the people is the utmost priority of any Government and there are issues like accessibility with regard to strong patent protection to biopharma products and data exclusivity. Also as per Art 7 of the TRIPs transfer of technology has to occur to the developing countries in order to promote technological innovations, which is conducive to social and economic welfare. Therefore, striking the right balance between incentive and public access creates a tension is essential. This study suggests optimal policy (Patent and other regulations) to have a balance between biopharma drugs innovation and their access in India while complying with the provisions of the TRIPs agreement by broadly categorising variables such as (1) patent policy such as the scope of biotech patents and the extent of the right in terms of breadth and length; and (2) regulatory environment such as the taxation incentive, Investment policy, Government initiative for the development of this sector etc.

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