Patent Rights vs. Public Health: India's Options for Affordable Medicine
India navigates patent laws to ensure affordable medicine access for its population.
Photo by Brenton Pearce
Editorial Analysis
UPSC Exam Angles
GS Paper II: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.
GS Paper III: Issues related to Intellectual Property Rights.
Potential question types: Statement-based MCQs on TRIPS agreement, compulsory licensing, and patent laws.
Visual Insights
Evolution of Patent Rights and Compulsory Licensing in India
Timeline showing key events related to patent rights, compulsory licensing, and TRIPS agreement in India, highlighting the balance between innovation and public health.
The evolution of patent laws in India reflects a continuous effort to balance the need for incentivizing innovation with ensuring access to affordable medicines, particularly in the context of public health crises.
- 1856First Patent Law in India enacted.
- 1970Patents Act, 1970 enacted, emphasizing process patents.
- 1994TRIPS Agreement signed as part of the WTO agreement.
- 2005Amendments to the Patents Act to comply with TRIPS agreement, including product patents.
- 2012India grants its first compulsory license for a cancer drug.
- 2020Discussions on TRIPS waiver for COVID-19 vaccines begin at WTO.
- 2024Continued debate on patent rights vs. public health in international forums.
- 2026India continues to balance patent rights with access to affordable medicines, exploring compulsory licensing options.
More Information
Background
The concept of patent rights, designed to incentivize innovation, traces its roots back to the Statute of Monopolies in 1623 in England. This statute limited the Crown's power to grant monopolies, except for new inventions. The modern patent system, as we know it, evolved through the 19th and 20th centuries, with international agreements like the Paris Convention for the Protection of Industrial Property (1883) laying the groundwork for global standards.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1995, administered by the WTO, significantly strengthened patent protection worldwide, creating new challenges for developing countries in accessing affordable medicines. India's patent law has undergone several amendments, notably in 1970 and 2005, reflecting the country's evolving stance on balancing innovation and public health.
Latest Developments
In recent years, there has been increased scrutiny of pharmaceutical companies' pricing strategies and patent evergreening practices. The COVID-19 pandemic further highlighted the tension between intellectual property rights and equitable access to vaccines and treatments. Discussions at the WTO regarding a TRIPS waiver for COVID-19 related medical products have been ongoing, reflecting the global debate on balancing innovation incentives with public health needs.
India has been actively advocating for greater flexibilities within the TRIPS agreement to ensure access to affordable medicines, particularly for developing countries. The future may see further legal challenges to pharmaceutical patents and increased use of compulsory licensing to address public health emergencies.
Practice Questions (MCQs)
1. Consider the following statements regarding Compulsory Licensing under the Indian Patents Act, 1970: 1. It can be issued only in cases of national emergency or extreme urgency. 2. It allows the government to authorize a third party to produce a patented product without the patent holder's consent. 3. It is applicable only to pharmaceutical products. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is incorrect because compulsory licensing can be issued on other grounds too, as defined in the Act. Statement 3 is incorrect as it is not limited to pharmaceutical products only.
Source Articles
J Sai Deepak writes | Patent rights and public health: What are Bharat’s options? | The Indian Express
J Sai Deepak writes: Enforcing the Patent Bargain: Intellectual property rights sensitivity should not be at the expense of public health obligations | The Indian Express
Rajshree Chandra writes: On Covid patents waiver, health cannot be held hostage to profit