Patent Linkage Systems And Their Impact On Asian Pharmaceutical Markets: A Critical Analysis With Special Focus On India
- IJLLR Journal
- Mar 6
- 1 min read
Ms. Anagha K, Christ (Deemed to be) University
ABSTRACT
Patent linkage systems, which tie pharmaceutical regulatory approval to patent status, have emerged as contentious mechanisms in global pharmaceutical governance. This paper examines divergent approaches to patent linkage across three major Asian pharmaceutical markets India, China, and South Korea analyzing implications for drug access, pricing, and innovation. India has consistently rejected patent linkage through judicial decisions, maintaining separation between patent enforcement and regulatory approval. South Korea implemented linkage in 2015 under Korea- United States Free Trade Agreement (KORUS FTA) pressure, while China adopted a modified system in July 2021. Drawing on legal precedents, empirical data on patent activity, and price comparisons, this paper argues that India’s resistance to patent linkage has preserved affordable medicine access while maintaining innovation incentives. As India faces renewed pressure through trade negotiations, this analysis provides critical assessment of public health and economic implications of potential policy shifts.
Keywords: Patent Linkage; TRIPS-Plus Provisions; Access to Medicines; Intellectual Property Rights; Trade Agreements; India; China; South Korea; Doha Declaration; Section 3(d) of the Patents Act.
