Volume 16, Number 2 Article by Nilanjana Bhaduri and Mary Mathew June, 2004
TRIPs and Pharma-Biotech - Implications for India :
The introduction of a stronger patent protection regime under the Trade Related Intellectual Property Rights (TRIPs) implies far-reaching consequences for the global pharmaceutical-biotechnology industry. Nilanjana Bhaduri and Mary Mathew look into the perspectives of two primary stakeholders of this industry - pharmaceutical companies of the developed and the developing countries. While the former group seeks stronger protection for motivating cost-intensive, time-consuming and uncertain drug discovery research, the latter group fears that TRIPs would further skew the imbalance against them. Biotechnology holds the potential promise of reversing this balance in favour of pharmaceutical companies of developing countries provided they acquire the first mover advantage. The flexibility options of TRIPs with respect to both pharmaceutical and biotechnology research are studied, which can help industries tailor the situation to their satisfaction. Against this backdrop, the scope of the Indian pharmaceutical-biotechnology industry is surveyed, with respect to its strengths, business options and the critical role of managers of such outfits. Finally the article emphasises the need to combine the best of TRIPs with domestic legislation to build the foundation of the knowledge-intensive research base of our global village.
Reprint No 04205d