The Role Of IP Law In Shaping Personalized Medicine Accessibility: A Case Study Of India

Benazir Guru S, Sastra Deemed to be University

ABSTRACT

Personalized medicine has tremendous potential to enhance healthcare outcomes by customizing treatments based on individual genetic profiles, particularly in fields such as oncology, genetic diseases, and infectious diseases. Nonetheless, the challenges of accessibility and affordability for these therapies remain significant, especially in low and middle-income nations like India. In India, intellectual property (IP) laws, particularly patents, play a vital role in influencing the accessibility of innovative treatments. Although India possesses a strong generic pharmaceutical sector and has utilized the flexibilities permitted under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, patent law and IP practices continue to create both opportunities and obstacles for personalized medicine. This paper investigates how India's IP framework affects the availability and affordability of personalized medicine. It looks into India's implementation of compulsory licensing, assesses the function of the Indian patent system in maintaining access to essential medications, and analyses the consequences of IP law for the future of personalized therapies.