Abstract: In this work, the author looks at the bigger question: whether the demands of abolition of price control by the pharmaceutical innovator companies have any merit, and the policy options with a government post-TRIPS to ensure launch of new drugs by Big Pharma without compromising affordability. The aim of this Article is to study the impact of price regulation on launch of patented drugs in India, and whether the faults can be corrected simply by removing price ceiling for five years and if doing so is an ethical and constitutional step.
The author also seeks to examine the importance of standard of patentability and how patent authorities implement it, and their expertise in instilling a conscious understanding of the inherent effect of patenting on right to health.
The Article solves these questions in the context of implications of price control in the Indian pharmaceutical industry with its unique history of generic drug production, in terms of balancing accessibility (the launch of new drugs by foreign companies) with affordability (the purchasing capacity of the people). The author also examines whether changes in the patent process, reforms in price-control processes and a cost-based approach would be a viable approach forward.
Author: Ms. Manisha Bhau is a 4th Year student of B.A LL.B (Hons.) from National Law University, Delhi. She is interested in the study of IPR through the lens of constitutional law and human rights. She may be contacted at firstname.lastname@example.org.
The full text of the article can be found as a PDF here.