‘‘India’’s patent law has miles to go’’

Ranjit Shahani

India introduced product patents for the pharmaceutical industry in 2005. In less than three years we will complete a decade of product patents. As we move closer to 2015 there is no doubt in my mind that we still have a long way to go before we can look at ourselves with pride as a country that fosters innovation.

When India introduced product patents after a hiatus of 35 years, the research-oriented pharma industry heaved a collective sigh of relief. Finally, innovation would be recognised. Finally, the Indian patient would benefit from innovation. Finally, the pharmaceutical industry would come into its own. However, the developments since then have proved otherwise.

It is a common truth that the ultimate beneficiaries of pharma research are the patients. It is the patients who benefit from advances in science and it is a sad travesty of justice that there are still thousands of unmet medical needs in a country that has such a large pool of scientists. Product patents serve to stimulate and foster innovation and India needs to create a climate and provide the infrastructure where science and scientists will be allowed to bloom.

There are those who would like to position India as the pharmacy of the developing world. My question to them is why do we short sell ourselves? Why do we not aspire for greater things? Why do we not want to be the pharmacy of the world? We certainly have the wherewithal—if only we believed more in ourselves.

It has been argued in some quarters that by denying product patents, India will actually improve access to medicines and encourage domestic producers of generics. It is a no brainer that generics alone are not the solution to access. India needs to do much more to improve access to medicines. We need to increase our healthcare funding and we need to put in place the proper infrastructure for healthcare delivery. Without addressing these two fundamental lacunae, access to medicines for our people will continue to remain a mirage. More importantly, without product patents there would be no new pharma products and without new pharma products there would be no new generics.

A world class IPR regime will actually be to the benefit of India leading to sustained foreign investment and newer and better drugs for its citizens. We have too much at stake here to be myopic – the health of our fellow citizens; the future of the pharma industry, India’s ability to attract and retain top-notch scientific talent and the opportunity to be among the top global players in the world economy.

As Robert Frost said, “The woods are lovely, dark and deep but I have promises to keep and miles to go before I sleep, miles to go before I sleep.” That is exactly how it is with the state of product patents in our country. We have miles to go.