Pharmaceutical Patents And Public Health: Indian Approach To Intellectual Property And Medical Innovation
- IJLLR Journal
- Aug 30
- 1 min read
Mr. Vikas Gupta, Research Scholar, School of Law and Governance, Central University of South Bihar, Gaya
Dr. Deo Narayan Singh, Assistant Professor (Senior Scale), School of Law and Governance, Central University of South Bihar, Gaya
ABSTRACT
This paper analyse the close relationship between intellectual property (IP) and medical innovation in India, focusing on the legal frameworks, ethical considerations, and public health impacts that shape the development and accessibility of healthcare pharmaceuticals and technologies. It elucidates the dualistic role of pharmaceutical patents as both facilitators and impediments to innovation. On one hand, it incentivizes research and investment by granting exclusivity and commercial value to medical discoveries; on the other, it can hinder affordability and limit access due to monopolistic practices like evergreening and patent thickets.
India's legal approach, anchored by the Patents Act of 1970 and amended to align with TRIPS, emphasizes a balance between rewarding genuine innovation and safeguarding public welfare. Key provisions such as Sections 3(d), 3(i), and 107A reflect India’s cautious stance on medical patents, while mechanisms like compulsory licensing and government use provisions ensure equitable access. Judicial decisions and government initiatives, including ICMR’s ‘Medical Innovations Patent Mitra’, further strengthen this dual objective of innovation and inclusion.
The study emphasizes the importance of developing dynamic IP policies that adapt to emerging global health challenges and technologies. It reaffirms India’s commitment to being a leader in medical innovation while safeguarding public health equity.
Keywords: Intellectual Property, Patent, TRIPS Agreement, Generic drugs
