Volume 18, No. 2, 2021
Impact Of Compulsory Licensing On Research & Innovation With Reference To Indian Pharma Companies
Jamal Ibrahim , Dr.Abdullah , Dr. Mohammed Jamshed
Abstract
The treatment of medicines has a very important role in the policy of every country because of their vital role in the health of citizens. For many years patent protection for pharmaceuticals was not available in many countries, as they were considered too important to be left at the mercy of patent owners. Research and development of new drugs was extremely expensive, thus forcing the policy change to grant pharmaceutical patent protection. Since drugs can be copied relatively easily once invented, patent protection has become increasingly important, especially for the pharmaceutical industry. Consequently, a system has been established that grants an inventor, in exchange for disclosing the invention particulars, a patent right that enables the inventor to exclude others from using it for a limited period. In addition, compulsory licensing was offered as an exceptional policy tool, to ensure that monopolies would not be abused. A compulsory license is a provision under the Indian Patent Act that allows the government to mandate a generic drug maker to produce inexpensive medicine in the public interest even as a patent on the product is valid. The patent system is built on the premise that patents provide an incentive for innovation by offering a limited monopoly to patentees and it will stimulate research in investment. The inverse assumption that removing patent protection will hurt innovation has largely prevented the widespread use of compulsory licensing - the practice of allowing third parties to use patented inventions without patentee permission. The Present study would endeavour to examine the impact of compulsory licensing on research & innovation and suggest some ways to access, availability & affordability of life-saving drugs. Thus, the study could be useful as a reference for pharmaceutical firms and the government of India while deciding the pricing of patented drugs or compulsory licensing. This study would also be useful for countries seeking access to lifesaving medicines and can collaborate in ways that would avoid undermining incentives for innovation and other social costs attributed to compulsory licensing.
Pages: 2986-2998
Keywords: Compulsory Licencing, Patents, Pharmaceutical Companies, Research & Innovation.