India's New Patent Regime: Aiding 'Access' or Abetting 'Genericide'?

16 Pages Posted: 23 Sep 2007

See all articles by Shamnad Basheer

Shamnad Basheer

Nirma University - Institute of Law

Date Written: January 2007


This paper considers the impact of the new Indian patent regime on the important issue of access to affordable drugs. Access is dependent, in part, on the ability of generic manufacturers to produce cheap generic drugs. Working with the bird flu patent example, this paper will demonstrate that far from abetting 'genericide', the new regime provides adequate legal windows to aid the continued production of affordable generics. However, the mere existence of such windows/flexibilities is not enough - generic manufacturers will only exploit such windows when it is economically and politically viable to do so.

Keywords: Intellectual Property, India, Patents, TRIPS, 2005 Act, generics, bird flu, public health, access to medicine, compulsory licensing

JEL Classification: O34, K00

Suggested Citation

Basheer, Shamnad, India's New Patent Regime: Aiding 'Access' or Abetting 'Genericide'? (January 2007). Available at SSRN: or

Shamnad Basheer (Contact Author)

Nirma University - Institute of Law ( email )

Sarkhej-Gandhinagar Highway
Ahmedabad, Gujarat 382 481

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