Product Patent Regime and Public Access to Essential Medicines: A Concern for the Indian Pharmaceutical Industry

Abstract

The implementation of the product patent regime in India, following the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 2005, has significantly impacted the dynamics of the pharmaceutical industry in the country. This study examines how the product patent system affects the general public's ability to get necessary medications, especially in light of the Indian pharmaceutical industry. The transition from a process patent regime to a product patent regime has led to a shift in the strategies of pharmaceutical companies operating in India. While the introduction of product patents has incentivized innovation and research and development (R&D) investments, concerns have been raised regarding its impact on affordability and accessibility of essential medicines, especially for marginalized and economically disadvantaged populations. Drawing upon empirical evidence and case studies, this paper contributes to the ongoing discourse on the interface between intellectual property rights, pharmaceutical innovation, and public health, with specific relevance to the Indian context. It underscores the importance of adopting a balanced approach that safeguards both innovation incentives and public health interests in shaping the future trajectory of the Indian pharmaceutical industry.