Indian Patent Law | Why is it considered problematic?
Indian Patent Law | Why is it considered problematic?Recently, India and the United States initiated talks regarding India’s intellectual property system. For years, the US in conjunction with big pharmaceutical companies has been displeased with India because of its generic-supporting, pro-public health patent laws. The main reason for which Indian patent law is seen as problematic is its rejection of any patent claims that are deemed to be a consequence of evergreening – making minor changes in the molecules of pre-existing drugs. The current law includes a provision that allows India’s patent office to be stricter than most in awarding patents for drugs.
As a result, Big Pharma companies – often American – began to lose. Since these companies have a lot of influence on American politics, the US is putting pressure on India to change these laws. As of now, Indian patent law essentially makes it possible for the poor to afford life-saving medications at a low cost. For example, a year’s treatment for cancer can cost 200$ in India, whereas in other countries the cost can be 10,000$.
Following suits such as Novartis v. India (2013), where Novartis challenged the Indian patent office’s decision and took the case to court, the US Trade Representative visited India in November of 2014 to point Prime Minister Modi towards changing the current patent laws to be more favorable for pharmaceutical companies. In addition, India has been included in the Priority Watch List for countries that “present the most significant concerns regarding insufficient [IP rights] protection or enforcement”; in other words, India has been condemned for institutional weakness. It is worth noting that this was done in spite of the fact that India’s patent laws have been shown to be fully compliant under the World Trade Organization’s rules.
These actions have received a lot of opposition from activist groups including Doctors Without Borders (Medecins Sans Frontieres), who continue to urge India to not give in to the continuous foreign pressure. In addition, Indian public health activists have criticized the US government as well as the pharmaceutical companies involved. They are asking if it is US patent laws that need to be reviewed rather than India’s, as they seem to fail to protect Americans from the “predatory pricing of pharma companies”. According to these activists, India’s public health safeguards in the form of its strict patent laws are socioeconomic justice, which is actually viewed as a strength rather than institutional weakness.
Whether or not India caves under American pressure remains to be seen, pending the result of the talks between the two governments.
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