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ISSN 2063-5346
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INDIA'S CURRENT SITUATION REGARDING INTELLECTUAL PROPERTY RIGHTS IN THE PHARMACEUTICAL SECTOR

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Dr. Neelam Dhankhar , Anjali Sudha, Jyoti Sinha, Suresh Singh, Kamica Yadav, Dr. Gagandeep Kaur, Babita
» doi: 10.31838/ecb/2023.12.s3.237

Abstract

When India's patent law was changed to align with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), it made it harder for generic pharmaceutical companies to do business. Two of the most important changes were the creation of a product patent system for medicines, which replaced the old process patent system, and the lengthening of pharmaceutical patents from 5 to 7 years to 20 years (5 years from the sealing of the patent or7 years from the date of application, whichever was lower). In the 1980s, a generic pharmaceutical company was started because of India's pre-TRIPS patent policy. This policy banned product patents in the pharmaceutical industry. How did the Indian pharmaceutical industry deal with the problems caused by the product patent regime, which aligns with TRIPS? When researchers looked into the factors affecting large industrial companies' size and operational strengths, they found no structural problems in generic businesses. They stayed at the top of the market regarding capital invested and business size. They stayed in business and made more money than the rest of India's major industries. Even though all the big generic drug companies make generic drugs, they still spend much of their sales money on research and development (R&D). They worked hard to get patents, even though they filed far more in other countries.

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