Pharmaceutical Patenting In India: Problem of Public Access to Health

INTRODUCTION

India has long been at the forefront of efforts to reform patent laws so they better reflect local conditions and serve the public interest. A large proportion of India's population lives below the poverty line, which means they don't have enough money for necessities. Out-of-pocket medical expenses show that the country faces a serious health care problem because people lack access to affordable healthcare and medicine

The patenting of pharmaceuticals in India is a contentious issue. On one hand, there are those who argue that patents are necessary to incentivize innovation. On the other hand, there are those who argue that patents are a barrier to access to essential medicines. The reality is that both sides have some valid points. Patents are important for incentivizing innovation. But at the same time, patents can also be a barrier to access to essential medicines, particularly for those who cannot afford to pay for them. The problem of public access to health is a real one. And it is one that needs to be addressed. In this article, we will take a look at the problem of public access to health in India. We will also look at some of the possible solutions to this problem.

PHARMACEUTICAL PATENTING IN INDIA

India's pharmaceutical business has a fairly solid footing in the industry, with about 60,000 generic brands in 60 therapeutic categories, thanks to patent law at the time. When a drug is manufactured to treat a disease, it is sold under the name of the pharmaceutical company that produced the drug. To restrict the use of this drug, the pharmaceutical company only allows its use by the company that produced the drug and grants a patent to allow it to enjoy all its benefits.

Consider the landmark decision of Novartis AG v. Union of India. The court examined the scope of S 3(d) of the Indian Patents Act, 1970, which held that pharmaceutical companies would treat patients in an environmentally friendly manner, making them unaffordable cheap drugs. In this case, Novartis challenged the constitutionality of Section 3(d) on the grounds that it violated Article 14 of the Constitution and TRIPs. The Madras HC dismissed the petition and held that the section was vague and not liberal as it allowed citizens to have access to life-saving drugs. Novartis appealed this decision to the SC.

The Supreme Court rejected the petition, ruling that the drug was only one form of the substance, not the whole, and that a new form of the substance could only be patented if it increased "therapeutic efficacy," otherwise it could not be patented. The court pointed out that even if a life-saving drug is a "plant invention," special care is needed when applying for a patent.

HOW PHARMACEUTICAL PATENTING IS CAUSING PROBLEMS IN PUBLIC ACCESS TO HEALTH?

Pharmaceutical patenting has been a controversial issue in India for some time now. The problem is that patents on drugs and other medical products can make them prohibitively expensive for the average person. This can be a serious problem in a country like India, where many people live in poverty.

The high cost of medicines is one of the main reasons why people in India cannot access essential health care. One of the reasons for the high cost of medicines in India is the patenting of pharmaceutical drugs. When a pharmaceutical company patents a drug, it has the exclusive right to manufacture and sell that drug for a period of 20 years.

This means that other companies cannot produce or sell the drug, which leads to a monopoly. The problem with patents is that they make medicines more expensive, which means that people who need them the most cannot afford them.

 The government has tried to address this problem by issuing compulsory licenses, which allow generic manufacturers to produce patented drugs at a lower price. However, these licenses are often not enforced, and the prices of patented drugs continue to be high. This problem is compounded by the fact that many people in India are not aware of their rights under the law. As a result, they often do not even bother to try to get a compulsory license. This blog post will focus on the problem of public access to health in India, and how the government can address it.

SOLUTIONS TO THE PROBLEM OF PUBLIC ACCESS TO HEALTH

In India, the problem of public access to health is compounded by the lack of regulatory controls on pharmaceutical patenting. Pharmaceutical companies are able to obtain patents for drugs that are not yet approved for sale in India.

The government must change its policies on allowing the companies to manufacture pharmaceuticals so that they are more inclusive and friendly to consumers. This includes allowing Indian companies to produce generic versions of commonly used drugs. Doing so would help improve the health of Indians and reduce the number of people seeking foreign alternatives. It would also decrease the cost of producing these drugs for consumers due to lower manufacturing costs. Plus, allowing Indian companies to produce these drugs would help develop new medicines for the country's health needs.

One solution is to create a compulsory licensing system. This would allow generic companies to produce drugs that are under patent protection, as long as they pay a fee to the patent holder. Another solution is to reduce the term of patents from 20 years to 5 years. This would make it easier for generic companies to enter the market after a drug's patent expires. Finally, India could join the International Patent Regime, which would provide more flexibility in how patents are enforced.

Another solution is for the government to provide more funding for research and development of new drugs. This would help create more competition in the market and make it easier for patients to access needed medications.  The government should negotiate with drug companies to lower the price of drugs. This would make drugs more affordable for the general public.

 For the government to create a list of essential medicines that must be available to the public at all times. This way, even if a certain medicine is patented, the government can still make it available to those who need it.  For the government to create a patent pool, which would make it easier for generic drug manufacturers to produce cheaper versions of patented drugs. Another solution is to encourage companies to voluntary license their patents to generic manufacturers.

CONCLUSION

Health care in developing nations like India allow for egregious violations of basic human rights. When the majority of the people lack even the most basic health care, the principle of justice is violated. Innovation comes from creative thinking, which requires local patent protection.

India's patent law displays a balance between the interests of ordinary people and inventors. Since the product patent system was implemented in India, many pharmaceutical products can now be patented. It is recommended that researchers consult a patent specialist prior to filing for a patent in order to determine if their invention is patentable.

It is possible to license or assign patent rights once they have been acquired. Academic institutions and colleges with limited production or marketing capabilities may benefit from patents as an effective technology transfer tool. Those companies can license the use of their patents to third parties, recouping their development costs and earning money in exchange. Under certain conditions, patented goods may be marketed under a compulsory licence.

Life-saving medications are not available at affordable prices in India due to the financial interests of major players in the pharmaceutical sector. There is a symbiotic relationship between patents and innovation. Innovations in the medical field, especially those that benefit mankind, should not be patented solely for profit.