Abstract :
The TRIPS Agreement has created unprecedented
changes in the Patenting Law and the most affected
of this is the Indian Pharmaceutical Industry.
The current article is a case study of one of the
most famous case in the Pharmaceutical Industry
which is set to change the outlook of the Indian
Pharmaceutical Industry to the outside world.
Keywords : Pharmaceutical, Patent, Infringememnt.
Background
India’s pharmaceutical industry is considered as the
3rd largest in the world in terms of volume and the
14th in terms of its value. With China, Brazil and
Russia, it led a group of seventeen high-growth
pharmaceuticals markets also called “pharmerging
countries” which are expected to contribute to nearly
50% of the annual pharmaceutical market growth in
According to the research firm IMS Health,
sales in those emerging markets are predicted to
reach 30% of global pharmaceutical spending in
2016, compared to 20% in 2011. India’s robust
pharmaceutical industry was estimated at over USD
$10-billion in 20102. By 2020, pharmaceutical sales
in India are predicted to grow to as much as USD $74
billion – over six times than what they were in 20103.
But, despite its thriving pharmaceutical market,
improving its population’s access to medicines is a
key concern for a country that has nearly “70% of
its population living on less than USD $2 per day”
and only 5% with access to private health insurance4.
Generic pharmaceutical manufacturers dominate the
Indian pharmaceutical market, accounting for up to
90% of product sales. According to Yusuf Hamied,
chairman of the Indian pharmaceutical company
CIPLA, “India boasts more drug-manufacturing
facilities that have been approved by the U.S. Food
and Drug Administration than any other country
outside of the United States”