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| Details |
| Case Code: CLIBE032 |
| Case Length: 3 pages |
| Period: -- |
| Pub Date: 2005 |
| Teaching Note: Not Available |
| Subject :Business Environment |
| Price:Rs.50 |
| Organization :-- |
| Industry :Pharmaceutical |
| Countries : -- |
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Exclusive Marketing Rights-Fight for Patents * |
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| The caselet explains the effect that granting Exclusive Marketing Rights (EMR) to multinational companies has had on the Indian pharma industry. It describes how loopholes in the clauses of the Indian Patent Law were exploited by multinational pharma companies such as Novartis. |
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Issues: |
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- The Indian pharma industry in early 2000s.
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- Unlawful grant of EMR by the Indian Patent Office.
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- Loopholes in granting EMR.
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| Introduction |
The Indian pharmaceutical industry is concerned about the deadline set by World Trade Organization (WTO) with regard to drug Patent Laws. Though India had bargained for a 10-year transition period before finalization of the WTO Patent Law, in 1986 Uruguay Round, the country was forced to agree to certain clauses.
As per the trade negotiation agreement under the Uruguay Round, India accepted a situation where patent-holders would be given Exclusive Marketing Rights (EMR) for products patented after 1995 in any other country...
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| Questions |
1. How do you think the grant of Exclusive Marketing Rights (EMR) to multinational companies affects the Indian pharma industry?
2.What is a mailbox agreement? How does it affect the Indian pharma industry? Explain how the loopholes in the clauses of the Indian Patent Law were exploited by Novartis |
Keywords |
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World Trade Organization (WTO), trade negotiation agreement, WTO Patent Law, Exclusive Marketing Rights (EMR), mailbox arrangement, IDMA (Indian Drug Manufacturers'Association), Indian Patent Office
* 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.
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