Enigma of Intellectual Property Rights: How Long Shall We Miss the Opportunities?

"Indian drug industry provides an outstanding example of its distinctive contribution in adapting global technologies for domestic demand through adaptive research in formulation of drugs. This has meant availability of large number of drugs at low cost. Having developed an expertise in reverse engineering, somehow we started to believe that we were capable of being outstanding only in this field of knowledge. Developing new drugs not just for Indian but global market apparently was beyond our reach. Consequently, a dominant opinion against product patent regime got developed in our country. However, success of Dr. Reddy's lab and Ranbaxy in vying for global space for the locally developed technologies has started to change the mind set. Simultaneously, new partnerships between academic and commercial organisations within and outside the country have started emerging. Many small companies believed that given their limited resources, it will be almost impossible for them to do world class R&D and pursue the path of prosperity through protection of intellectual property rights. "In this paper, I first discuss the key concept of IPR and its relevance for our conditions. I particularly refer to the opportunities that exist globally with specific reference to patent expiration, biodiversity based drug development. I also review the recent trends in filing patents based on herbal resources in US Patent Office during last two years compared to the trends apparent in 1992. "In part two I review the inter-organisational strategies for R and D drawing upon the excellence in informal sector as well as formal sector. Finally, I summarise the strategy that Indian pharmaceutical industry could pursue for global competitive advantage through protection of IPRs without compromising with the goal of universal health for all."