IDEAS home Printed from https://ideas.repec.org/a/sae/indqtr/v80y2024i1p117-132.html
   My bibliography  Save this article

India’s Distinct but Opposing Patent Model Is Under Pressure: Prospects and Challenges in the Global Arena

Author

Listed:
  • Muhammad Zaheer Abbas

    (Muhammad Zaheer Abbas, Chief Investigator with the Australian Centre for Health Law Research (ACHLR), is a Lecturer in Law at the Faculty of Business and Law, Queensland University of Technology (QUT), Brisbane, Australia.)

Abstract

The Indian patent model is a powerful and well-balanced model that not only complies with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) but also considers domestic needs and national interest. This study endorses India’s approach of fully availing itself of public health flexibilities provided in the TRIPS Agreement. India’s well thought out patent model contradicts with the pro-patentee approaches taken by the European Union, the USA and Japan. This study emphasises the challenges and pressures faced by the Indian patent model because of the closer harmonisation agenda being pushed by some high-income countries through bilateral and multilateral free trade agreements. This study argues that in order to effectively respond to harmonisation demands, India needs to be proactive in terms of building regional coalitions and transmitting its model to other like-minded Association of Southeast Asian Nations (ASEAN) countries with similar interests. This is a viable approach because most of the ASEAN countries, despite different levels of development and industry, are facing similar challenges in terms of universal access to affordable medicines.

Suggested Citation

  • Muhammad Zaheer Abbas, 2024. "India’s Distinct but Opposing Patent Model Is Under Pressure: Prospects and Challenges in the Global Arena," India Quarterly: A Journal of International Affairs, , vol. 80(1), pages 117-132, March.
    • Handle: RePEc:sae:indqtr:v:80:y:2024:i:1:p:117-132
    DOI: 10.1177/09749284231225835
    as

    Download full text from publisher

    File URL: https://journals.sagepub.com/doi/10.1177/09749284231225835
    Download Restriction: no
    File URL: https://libkey.io/10.1177/09749284231225835?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Hsu,Locknie, 2016. "Trade, Investment, Innovation and their Impact on Access to Medicines," Cambridge Books, Cambridge University Press, number 9781107072732.
    2. Brook K Baker, 2016. "Trans-Pacific Partnership Provisions in Intellectual Property, Transparency, and Investment Chapters Threaten Access to Medicines in the US and Elsewhere," PLOS Medicine, Public Library of Science, vol. 13(3), pages 1-7, March.
    3. Adrian Flint & Jill Payne, 2013. "Intellectual Property Rights and the Potential for Universal Access to Treatment: , and / medicine," Third World Quarterly, Taylor & Francis Journals, vol. 34(3), pages 500-515.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Kato, Akiko & Naiki, Yoshiko, 2021. "The access to medicine index: How ranking pharmaceutical companies encourages polycentric health governance," Health Policy, Elsevier, vol. 125(11), pages 1399-1405.
    2. Lawrence J. White, 2020. "A “Primarily Property” Presumption Is—Still—Really Needed for the IP/Antitrust Interface," Review of Industrial Organization, Springer;The Industrial Organization Society, vol. 56(4), pages 715-737, June.

    More about this item

    Keywords

    ASEAN; India; Section 3(d); RCEP; TRIPS; WTO;
    All these keywords.

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sae:indqtr:v:80:y:2024:i:1:p:117-132. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: SAGE Publications (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.