Abstract

Pharmaceutical patents are essential for the advancement of innovative and enhanced drugs. India is an emerging market for medicines and has undertaken several initiatives in research and development to manufacture its own drugs. Before the modification to the patent statutes, only process patents were permitted for medicines in India. The implementation of product patents via the 2005 Amendment in India's pharmaceutical sector has profoundly altered the industrial environment, offering numerous advantages and concerns. Although these patents have stimulated innovation and matched India with international intellectual property rules, they have also generated concerns about medicine cost and accessibility. To reconcile patent rights with public health requirements, procedures such as compulsory licensing have been used; yet, achieving this equilibrium continues to pose a significant issue. This study examines the implication of Intellectual Property Rights in the development of novel medications. It also concentrates on the influence of TRIPs on pharmaceutical patent innovation both before and after such implementation and the impact of it on the pharma industry. The paper also highlights the legal framework that is surrounding with the grant of product patents and also about the importance of grant of compulsory licensing especially in the pharmaceutical industry. It further discusses about the effect that the introduction of product patents in the pharmaceutical sector industry has brought in along with the challenges in the implementation of the same.

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