Equitable Licensing and Publicly Funded Research: A Working Model for India?

Abstract

The patent law and access to essential medicine debate has come a long way since the adoption of the TRIPS Agreement of 1994, and the focus is now on new and alternative models of pharmaceutical innovation, which can adequately meet the policy objectives of encouraging research & development (R&D) and equitable access. Indian generic medicines play a critical role in various treatment and access to medicines programs and the existing scenario in the Indian pharmaceutical market is bound to change after the implementation of new patent law. Indian government is also considering the introduction of new law that will encourage patents on publicly funded R&D. This article explores the existing models of licensing publicly funded R&D and argues that Indian government should adopt a cautious approach while introducing the new law. The article further argues that alternative incentives and R&D models such as open source and patent pools should be further explored in the Indian context.

Keywords: India, Patent law, TRIPS, Access to Medicines, Pharmaceuticals, Innovation, Open Source, Patent Pool, The Bayh-Dole Act