US Pharma Viewpoint over India’s Intellectual Property Environment
The US pharma industry has recently expressed concern over India’s current intellectual property (IP) environment, claiming that patent rights are being denied without sufficient reason. Moreover, the view of many in the pharma industry is that the current IP environment in India does not support future research and development of new innovative medicines. This view, expressed by representatives of the Pharmaceutical Research and Manufacturers of America Association – an organization that represents leading US biopharmaceutical researchers and biotechnology companies – somewhat conflicts with the Indian perspective.
India’s Ambassador Rao and IP
In a letter to US lawmakers last month, India’s Ambassador to the US, Nirupama Rao, defended India’s IP policy arguing that India has a well-established and strong intellectual property framework that is in accordance with the TRIPs Agreement and the Paris Convention.
In her letter she included recent statistics which demonstrate that out of all the pharma patents granted between the years 2005 and 2011, more than 85% were held by foreign companies in India, and 20-30 % of these were US patents. She also emphasized that during this time India has issued only one compulsory license, in contrast to several other countries that have issued multiple ones.
Despite these statistics, representatives from the US pharma industry still are not in complete agreement with Rao. They argue that India’s IP policy largely benefits local industry and creates a disincentive for foreign companies investing in developing new innovative medicines both in India and outside of India.
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