Ever-Greening: A Status Check in Selected Countries

16 Pages Posted: 16 Nov 2015

Date Written: April 2010


Evergreening or extension of drug life through various product life cycle management tactics is an issue that significantly affects the generic pharmaceutical sector. Evergreening results in delayed market access for generic companies as well as higher drug prices in market for a longer duration. Both of these results are detrimental to patients.

This article looks at evergreening practices seen in various countries across the development index. It covers diverse countries on the development spectrum, ranging from countries like Canada and Australia to countries like India, Philippines and Thailand.

It highlights the response that Governments and generic companies are taking to regulate and to counter ever-greening practices. The types of evergreening practices noted are follow-on or secondary patents, aggressive litigation practices, and fi nally patent mechanisms being linked with regulatory approval (linkage) introduced via Free Trade Agreements.

Keywords: ever-greening, patents, India, Philippines, Thailand, Canada, Australia, patent-linkage

Suggested Citation

Rathod, Sandeep, Ever-Greening: A Status Check in Selected Countries (April 2010). Available at SSRN: https://ssrn.com/abstract=2691251 or http://dx.doi.org/10.2139/ssrn.2691251

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