Pharmaceutical Patenting in India- Assessing Challenges to Public Access to Essential Medicine

Pharmaceutical patenting plays a critical role
in promoting innovation and ensuring the availability of
effective and affordable medicines. However, in
developing countries like India, the issue of public access
to healthcare becomes a significant concern when
considering the implications of pharmaceutical patenting.
This abstract highlights the challenges faced by Indiain
balancing the protection of intellectual property rights
and the need to provide accessible healthcare to its
population. India, being one of the largest producers of
generic medicines, has a long history of implementing a
robust intellectual property regime that balances patent
protection with public health interests. However, the
introduction of product patents in India in 2005, in

compliance with the World Trade Organization's Trade-
Related Aspects of Intellectual Property Rights (TRIPS)

agreement, posed new challenges. The pharmaceutical
patenting landscape in India has seen an increase in the
number of patents filed by multinational pharmaceutical
companies for innovative drugs. While patent protection
encourages research and development, it also creates
barriers to access for essential medicines, especially for
underprivileged populations. The high cost of patented
medicines often places them out of reach for many
individuals, exacerbating health inequalities and
impeding progresstowards universal healthcare.
Furthermore, the pharmaceutical patenting system
faces additional complexities, including evergreening
strategies, where companies seek to extend patent
protection by making minor modifications to existing
drugs. This practice can delay the entry of generic
versions into the market, hindering competition and
affordable access to life-saving medications. The Indian
government has taken steps to address these challenges

through legal provisions, such as compulsory licensing,
which allows the production of generic versions of
patented drugs in the interest of public health.
Additionally, the government encourages domestic
manufacturing and promotes research and development
in the pharmaceutical sector to foster innovation and
reduce dependency on imported medicines. To enhance
public access to healthcare, various stakeholders,
including the government, pharmaceutical industry, and
civil society, need tocollaborate and devise strategies that
strike a balance between intellectual property protection
and affordable healthcare.