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Case Code: CLIBE031

Case Length: 3 pages

Period: --

Pub Date: 2005

Teaching Note: Not Available

Subject :Business Environment

Price:Rs.50

Organization :--

Industry :Pharmaceutical

Countries : --

Indian Pharma Industry-Concerns about TRIPs Agreement *

ABSTRACT

The caselet explains the effect of the World Trade Organization's TRIPs (Trade-Related aspects of Intellectual Property Rights) agreement on the Indian pharma industry. It also explains why foreign pharma companies are showing keen interest in the liberalization of the Indian pharma sector.

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Issues:

	Effect of TRIPs agreement on the Indian pharma sector.
	Liberalization of the Indian pharma industry.
	Stumbling blocks for the Indian pharma industry.

Introduction

The Indian Patents Act 1970 allowed reverse engineering of patented drug molecules. Several Indian pharma companies have mastered the process of reverse engineering and have successfully produced generic drugs discovered by other firms at low prices.

The Uruguay Round of trade negotiations began in 1986 and resulted in the formation of WTO in 1995. It was agreed in the negotiations to let India and some other countries have a ten-year transition period till the end of 2004 to have a product patents law in place.

The countries that were given transition period were required to comply with the World Trade Organization's TRIPs (Trade-Related aspects of Intellectual Property Rights) agreement...

Questions

1. What does India lose by complying with the WTO's patent laws?

2.Why do you think foreign pharma companies are showing keen interest in liberalization of the Indian pharma sector?

Keywords

Indian Patents Act 1970, reverse engineering, WTO, TRIPs (Trade-Related aspects of Intellectual Property Rights), exclusive marketing rights (EMR), Indian Patent Office, Cipla, FDA (Food and Drug Administration)

* This caselet is intended for use only in class discussions.
** More comprehensive case studies are priced at Rs.200 to Rs.700 (US $5 to US $16) per copy.