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Title: The Introduction of Pharmaceutical Product Patents in India: Heartless Exploitation of the Poor and Suffering

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  • Jean O. Lanjouw

Abstract

The decision to require that countries grant product patents for pharmaceutical innovations as a condition of membership in the World Trade Organization was very contentious. Almost fifty developing countries were not granting patent monopolies for drugs during the period the Uruguay round of GATT was being debated and these countries fiercely resisted the inclusion of this requirement, claiming that vastly higher drug prices would be associated with such patents. On the other side, business interests in the West urged them to consider the beneficial effects such protection might bring both in terms of focusing more research on tropical diseases and encouraging greater domestic and foreign investment in local research activities. This paper discusses the various theoretical implications for a developing country of introducing product patents for pharmaceuticals. Using India as an example, it then brings together information gathered from both published sources and personal interviews to examine the potential magitude of these effects. While not arriving at a conclusive answer to the question posed in the title, there are some suggestions about the way events might unfold as the policy is implemented.

Suggested Citation

  • Jean O. Lanjouw, 1997. "Title: The Introduction of Pharmaceutical Product Patents in India: Heartless Exploitation of the Poor and Suffering," Working Papers 775, Economic Growth Center, Yale University.
  • Handle: RePEc:egc:wpaper:775
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    File URL: http://www.econ.yale.edu/growth_pdf/cdp775.pdf
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    References listed on IDEAS

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    Cited by:

    1. Yang, Quanfa & Cheng, Liyun, 2008. "Import tariff, intellectual property right protection and foreign merger," Economic Modelling, Elsevier, vol. 25(6), pages 1225-1231, November.
    2. Fink, Carsten, 2000. "How stronger patent protection in India might affect the behavior of transnational pharaceutical industries," Policy Research Working Paper Series 2352, The World Bank.
    3. Di Vita, Giuseppe, 2013. "The TRIPs agreement and technological innovation," Journal of Policy Modeling, Elsevier, vol. 35(6), pages 964-977.
    4. Kyungchul Cho & Changseok Kim & Juneseuk Shin, 2015. "Differential effects of intellectual property rights on innovation and economic performance: A cross-industry investigation," Science and Public Policy, Oxford University Press, vol. 42(6), pages 827-840.
    5. Lee Branstetter & Raymond Fisman & C. Fritz Foley, 2005. "Do Stronger Intellectual Property Rights Increase International Technology Transfer? Empirical Evidence from U.S. Firm-Level Data," NBER Working Papers 11516, National Bureau of Economic Research, Inc.
    6. Carsten Fink, 2001. "Patent Protection, Transnational Corporations, and Market Structure: A Simulation Study of the Indian Pharmaceutical Industry," Journal of Industry, Competition and Trade, Springer, vol. 1(1), pages 101-121, March.
    7. Jayan Jose Thomas, 2008. "Innovation in India and China : Challenges and Prospects in Pharmaceuticals and Biotechnology," Development Economics Working Papers 22518, East Asian Bureau of Economic Research.
    8. Samira Guennif, 2009. "Aids In India," Working Papers id:1974, eSocialSciences.
    9. Anton, James J. & Vander Weide, James H. & Vettas, Nikolaos, 2002. "Entry auctions and strategic behavior under cross-market price constraints," International Journal of Industrial Organization, Elsevier, vol. 20(5), pages 611-629, May.
    10. Mazumdar, Mainak & Banerjee, Dyuti S., 2012. "On price discrimination, parallel trade and the availability of patented drugs in developing countries," International Review of Law and Economics, Elsevier, vol. 32(1), pages 188-195.
    11. Bronwyn H. Hall, 2014. "Does patent protection help or hinder technology transfer?," Chapters, in: Sanghoon Ahn & Bronwyn H. Hall & Keun Lee (ed.), Intellectual Property for Economic Development, chapter 2, pages 11-32, Edward Elgar Publishing.
    12. Ghauri, Pervez N. & Rao, P.M., 2009. "Intellectual property, pharmaceutical MNEs and the developing world," Journal of World Business, Elsevier, vol. 44(2), pages 206-215, April.
    13. Mani, Sunil, 2001. "Role of Government in Promoting Innovation in the Enterprise Sector An Analysis of the Indian Experience," UNU-INTECH Discussion Paper Series 2001-03, United Nations University - INTECH.
    14. D. Jane Bower & Julian Sulej, 2006. "Social And Intellectual Capital Formation In Leading Indian Pharmaceutical Companies," International Journal of Innovation Management (ijim), World Scientific Publishing Co. Pte. Ltd., vol. 10(04), pages 407-423.

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