Abstract

This research analyzes the effect of patenting of pharmaceutical and medical products on accessibility, affordability, and availability in the context of India's implementation of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Before TRIPS, India's patent system allowed for a strong generic drug industry through process patents, leading to widespread access to low-cost medicines. The essay delves into the past development of India's patent regimes, the 2005 transition to product patents in adherence to TRIPS, as well as the consequences and adjustments thereof by the stakeholders such as government agencies, NGOs, and local pharmaceutical companies. It also touches on the effects of enhanced intellectual property rights in raising drug prices, market competition, and public health. Mechanisms like compulsory licensing and Section 3(d) of the Indian Patents Act are examined as a means to address TRIPS-related restrictions. Strategic responses by developing countries—fragmentation, mimicry, and counter-harmonization—to maintaining access to essential medicines are also assessed in this paper. Empirical evidence indicates price rises following patenting were moderate but structural changes affected market behavior. The results reflect the fine balance between encouraging innovation via patent protection and protecting public health in developing countries.

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