Indian Patent Policy and Publich Health: implications from the Japanese Experience

Reiko Aoki, Kensuke Kubo and Yamane Hiroko

No 57, IDE Discussion Papers from Institute of Developing Economies, Japan External Trade Organization(JETRO)

Abstract: The introduction of pharmaceutical product patents in India and other developing countries is expected to have a significant effect on public health and local pharmaceutical industries. This paper draws implications from the historical experience of Japan when it introduced product patents in 1976. In Japan, narrow patents and promotion of cross-licensing were effective tools to keep drug prices in check while ensuring the introduction of new drugs. While the global pharmaceutical market surrounding India today differs considerably from that of the 1970's, the Japanese experience offers a policy option that may profitably be considered by India today. The Indian patent system emphasizes the patentability requirement in contrast to the Japanese patent policy which relied on narrow patents and extensive licensing. R&D by local firms and the development of local products may be promoted more effectively under the Japanese model.

Keywords: Pharmaceutical industry; Industrial policy; Intellectual property rights; Patent law; Public health; Industrial property law; India; Japan; 製薬業; 産業政策; 知的所有権; 特許法; 公衆衛生; 工業所有権法; インド; 日本 (search for similar items in EconPapers)
JEL-codes: I11 I18 L50 L65 O10 O31 O34 (search for similar items in EconPapers)
Date: 2006-03-01
New Economics Papers: this item is included in nep-hea, nep-his and nep-ino
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Citations: View citations in EconPapers (4)

Published in IDE Discussion Paper = IDE Discussion Paper, No. 57. 2006-03-01

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Working Paper: Indian Patent Policy and Public Health:Implications from the Japanese Experience (2006)
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