01 August, 2005 | Issue #1

This newsletter is brought to you by
Confederation of Indian Industry - Technology & IPR Department.
View Point
From the IPR Desk
New Patent Regime - will it heal or harm

Several myths have been propounded by anti-patent bodies. The myth is propagated after the introduction of the new Patent Act,2005 in compliance with the TRIPS provisions that the price of the medicines will accelerate and medicines will become unaffordable for the common man.
This is a valid reason of concern - as a nation cannot focus merely on economic prosperity at the cost of its people. However, this fear/myth is doing rounds due to lack of understanding of how the transition of a Patent Regime works and how pharmaceutical prices are determined.
The transition provisions of TRIPS ensure that patents in India will only be granted for totally new inventions, post January1,2005. Since patents of over 95% of drugs available in India have expired and there are no patented drugs in the WHO List of Essential Drugs, these Drugs will continue to be available at current prices. Also, the National Pharmaceutical Pricing Authority (NPPA) has power to control the prices of even decontrolled drugs if found excessive.
It should be noted that it takes anywhere between 10-15 years for a new drug to be granted registration by the Drug Authorities of any country after which marketing permission is given.
In conclusion, the new patent regime will encourage more R&D, which will lead to more inventions and which will in turn lead of availability of more and more products/solutions for prosperity of India and Indian population.

Anuradha. M Goswami,
Executive Officer, CII

All the views expressed in the article are personal and do not necessary reflect the views of the organization the author represents.

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Disclaimer: This publication is not intended for commercial purpose. All the information
provided are compiled from the resources available from the websites and manuals published.
CII holds no responsibility for the accuracy of the information.

Edited by Moinudeen and Vineet
News-items compiled and contributed by Anuradha, Seema and Subodh.
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