Flexibilities Under Trips [Compulsory Licensing]: The Pharmaceutical Industry in India and Canada

Abstract:     
India has a thriving pharmaceutical industry dedicated to providing healthcare at the lowest possible cost. India's growing pharmaceutical industry is based on reverse engineering of existing drugs rather than on innovative technology which gives a better leverage to the generic manufacturers in the country. Following TRIPS agreement, India is obligated to provide strong patent protection to the pharma industry by 2005. However, protection of the rights of the patentees is not the only concern of TRIPS. It also strives to achieve a balance between the private rights of the patentees and the socio economic needs and objectives of its people. Towards this end there are certain flexibilities provided for the member countries, which were adopted at the Ministerial Conference at Doha, November, 2001. Despite this declaration, the developing countries have been experiencing difficulties in implementing these flexibilities for varied reasons. Canada has been one country that has made the most effective use of some of these provisions (Compulsory Licensing) which has benefitted the Canadian pharmaceutical industry as well as the consumers in Canada. India has not yet been able to take full advantage of these provisions. This paper is an attempt to make a parallel study of the pharma industry in India and Canada from the above mentioned perspective and draw policy implications.

Number of Pages in PDF File: 21

Keywords: Pharmaceutical, TRIPS, Compulsory Licensing, India, Canada

working papers series