Issues Challenges of Patentability of Generic Drugs in India
LLM student, KIIT Law School (Deemed to be University), India.
Volume III, Issue V, 2020
Generic drugs are the same as those already approved in the dosage type, safety, strength, path, consistency and performance characteristics of an already approved brand name medication. Only after a thorough review by FDA and after a certain period of time the generic drugs be available, the brand name version is exclusively on the market. This is because new drugs are generally protected by patents, like all new goods and the emerging pharmaceutical R&D scenario in India has several constraints in the context of global models and approaches for new drugs from concept to market. India should give a thought on the growth and of the pharmaceutical market and on how to balance the cost of innovation in drug research and universal access to the fruits of this research.