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

21 Pages Posted: 1 Nov 2007 Last revised: 8 Mar 2014

Dr. S. Chatterjee

Maharaja Sayajirao University, Vadodara - Faculty of Technology & Engineering - Department of Business Economics

Date Written: June 14, 2007

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.

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

Suggested Citation

Chatterjee, Dr. S., Flexibilities Under Trips [Compulsory Licensing]: The Pharmaceutical Industry in India and Canada (June 14, 2007). Available at SSRN: https://ssrn.com/abstract=1025386 or http://dx.doi.org/10.2139/ssrn.1025386

Dr. Sumana Chatterjee (Contact Author)

Maharaja Sayajirao University, Vadodara - Faculty of Technology & Engineering - Department of Business Economics ( email )

Vadodara
Nizampura
Baroda, Gujarat 390001
India

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