India 's Pharmaceutical Industry : International Trade Limits On Account Of Their Abuse Of Intellectual Property Rights

Critics have pointed a finger at the unethical use of intellectual property in the pharmaceutical industry claiming it is being used to set prices far above what those in third world countries can afford. Given that a good number of the raw material came from these regions, it is unethical to use intellectual property

The case consists of two major pharmaceutical companies that joint to collaborate their research and pharmaceutical technologies to start a joint venture in India. Both have valuable resources that have benefited both companies during the joint venture. Now both are questioning if there is still any value in maintaining the joint venture in India and will be deciding what will be the best route to take. Ranbaxy Laboratories wants to be bought out, but Eli Lilly is worried of the financial implications of such move.

Economic: Globalization of the pharmaceutical industry is an exciting opportunity to have research and development done at cheaper prices in other countries. However, this could be a double edged sword for companies because it is easy for other countries, such as India, to produce generic versions of the drug in bulk.

Eli Lilly’s decision to create a joint venture was not surprising (figure 1). The India government limited foreign direct investment to 51%, importing was subject to manufacturing at high costs outside the country and then paying high importation tariffs, and licensing was not prudent due to an absolute lack of product patents laws that were needed to protect Eli Lilly’s intellectual property.

Specify the types of country risks that pharmaceutical firms face in international business. How do the political and legal systems of countries affect the global pharmaceutical industry?

After watching the video, I have realized that intellectual rights protection is based on the foundation of R&D investment, which are also the building blocks of the pharmaceutical industry. There is adequate evidence to proof that intellectual rights in the form of trademarks and patents are very significant in the pharmaceutical industry as is compared to any other industry. This may be caused by the fact that copyrights on prescription drugs are a better effective measure for increasing the limitation costs than copyrights on other commodities. The value of copyright protection relies on the duration of exclusivity. Although the lifespan of copyrights is predetermined by international treaty at 20 years from the filing of the copyright application, the actual period between gaining market approval and patenting, the significance of the copyright is much less than 20 years.

This casebook concentrates on the negative effects that the pharmaceutical industry’s trade and production policies have on third world nations suffering from disease epidemics. My position is that pharmaceutical companies are not concerned with the health benefits of their drugs, but rather with the market that their drugs generate. I illustrate this notion by describing the trade policies that pharmaceutical companies influence and the pharmaceutical companies’ production policies which concentrate on producing life-style drugs rather than drugs that cure life-threatening diseases.

1. Do pharmaceutical companies have a responsibility to distribute drugs for free or at low cost in developing countries? What are the main arguments for and against such an approach? What are the advantages and disadvantages of giving drugs for free versus offering them at low no-profit prices?

There are advantages of starting a pharmaceutical firm in India. It has emerged from being an enzyme-producing firm to a biotech powerhouse under the guidance of Ms Kiran M. Shaw. They have a well-established pharmaceutical industry that has been growing since 1947. After the purchase of Hindustan Antibiotics Ltd. and India Drug and Pharmaceuticals Ltd. they were able to compete with the MNC’s (Multi National Corporaton) from overseas (Kalegaonkar, Locke, Lehrich, 2008, p. 2). In the beginning the pharmaceutical industry saw substantial growth. “By the beginning of the 21st century, over 20,000 pharmaceutical companies were operating in India” (Kalegaonkar, Locke, Lehrich, 2008, p. 2). “The pharmaceutical industry in India is ranked third

These are some of the reasons why the pharmaceutical companies think it is better to go out of the country so that they can make money there. In almost all the other countries of the world, the branded medicines are used

The world is getting condensed into a global village and this comes with opportunities and challenges. The global economy, for example assumes greater importance to all countries as it affects them in one way or another. While the condensation of the international market has benefited global business partners, it has also been permeated and exploited by unscrupulous tradesmen. For example, the international drug trade has fully optimized this opening and fixed its muscles to create a quenching demand and also created an avenue for supplying. The international drug market is booming with new bases and cartels established perennially. Local and international agencies

Eli Lilly was approached by a leading pharmaceutical firm in India to consider building a joint venture together. Ranbaxy Laboratories began as a family business in the 1960’s, but with strong entrepreneurial skills the company grew to become one of the largest manufacturers for bulk drugs and generic drugs. The two companies considered pursuing a joint venture that would support on another’s products by supplying one other with ingredients to complete company products without having to trade with other companies internationally. The JV would potentially lead both companies, together to become a dominant force in the Indian market.

We analyzed the Indian Pharmaceutical industry on these five forces and the findings of industry competitiveness and profitability are written under the relevant competitive forces.

The case discusses the strategies adopted by the soft drinks and snack foods major PepsiCo to enter India in the late 1980s. To enter the highly regulated Indian economy, the company had to struggle hard to 'sell' itself to the Indian government. PepsiCo promised to work towards uplifting the rural economy of the terrorism affected north Indian state of Punjab by getting involved in agricultural activities. In addition, it made a host of other promises that made its proposal very attractive to the regulatory authorities. The case also discusses the criticisms leveled against the company, in particular, criticism of its failure to honor

India must seriously examine its Intellectual Property Rights (IPR) position and see how best TRIPS (Trade Related Intellectual Property Rights) can be interpreted, as IPR laws are national laws. India should cull the best points from various laws to suit her future needs.