Will the Modi government succumb to US and industry pressure to modify its pro-access pharmaceutical patent policy?

Abstract

The US has persistently pressured India to adopt US-style patent protections on pharmaceuticals for many years. That pressure has intensified recently because of Indian rules that have blocked patents on medicines widely patented elsewhere and because India has issued a compulsory license. Under the leadership of its new Prime Minister (PM), Narendra Modi, India has already made several overtures to appease US pressure. The two countries have established a bilateral intellectual property (IP) Working Group that will meet regularly as part of their Trade Policy Forum. This allows the US fox in India’s patent law chicken house. In addition, India has issued a Draft National IPR Policy that is highly pro-IP and that promises consensus-oriented negotiations with international partners. These signals have been reinforced by decisions to drop price controls on nonessential medicines, to appoint a pro-IP economic advisor, and to stall issuance of additional compulsory licenses. On the other hand, both PM Modi and the Draft IP Policy state the need for a balance in IP, including a balance that promotes public health and that avoids granting of secondary patents. The world will see other countries copying India’s pro-access rules at the same time that India continues to be pressured by the US.

Keywords:

• Indian patent law
• national IPR policy
• pro-access
• TRIPS agreement

Declaration of interest

The author has no relevant affiliations or financial involvement with any organization or entity with a financial interest in or financial conflict with the subject matter or materials discussed in the manuscript. This includes employment, consultancies, honoraria, stock ownership or options, expert testimony, grants or patents received or pending, or royalties.