Details
Mini Case Code : CLIBE031
Publication date : 2005
Subject : International Business Environment
Industry : Pharmaceutical
Length : 03 Pages
Price : Rs. 50
Current Exchange Rates
INR 50.00 = USD ($),
=
GBP (£),
=
EURO (€)
Currency data courtesy coinmill.com
INR is INDIAN RUPEES (Rs.)
|
To download this case click on the button below, and select the case from the list of available cases:
»
International Business
Environment
»
Business Environment
Case Studies**
»
ICMR Case Collection
»
ICMR Courseware
»
View Detailed Pricing Info
Key words:
Indian Patents Act 1970, reverse engineering, WTO, TRIPs (Trade-Related aspects of Intellectual Property Rights), exclusive marketing rights (EMR), Indian Patent Office, Cipla, FDA (Food and Drug Administration)
Note
* This caselet is intended for use only in class discussions.
** More comprehensive case studies are priced at Rs.200 to Rs.700 (US $5 to US
$16) per copy.
Abstract
The caselet explains the effect of the World Trade Organization’s TRIPs (Trade-Related aspects of Intellectual Property Rights) agreement on the Indian pharma industry. It also explains why foreign pharma companies are showing keen interest in the liberalization of the Indian pharma sector.
|
Issues:
» Effect of TRIPs agreement on the Indian pharma sector.
» Liberalization of the Indian pharma industry.
» Stumbling blocks for the Indian pharma industry.
Introduction
The Indian Patents Act 1970 allowed reverse engineering of patented drug molecules. Several Indian pharma companies have mastered the process of reverse engineering and have successfully produced generic drugs discovered by other firms at low prices.
|
|
The Uruguay Round of trade negotiations began in 1986 and resulted in the formation of WTO in 1995. It was agreed in the negotiations to let India and some other countries have a ten-year transition period till the end of 2004 to have a product patents law in place.
The countries that were given transition period were required to comply with the World Trade Organization’s TRIPs (Trade-Related aspects of Intellectual Property Rights) agreement by 1st January 2005. The TRIPS agreement introduces product patents for medicines and agro-chemicals. India will have to provide product patents for applications filed after 2005 and at the same time process the applications (expected to be around 4000) filed between 1995 and 2005 in order to provide patent rights...
Questions for Discussion:::
1. What does India lose by complying with the WTO’s patent laws?
2. Why do you think foreign pharma companies are showing keen interest in liberalization of the Indian pharma sector?