Mncs And Drug Patents On India

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

Some how They are above copy write and patent law; that states that an individual/company can hold exclusive rights for only three years to regain research and development costs and make some profit. This was established so companies/individuals could not establish a monopoly on a product/service letting them completely control the market price. This is some thing that in the rest of the civilized democratic countries is not allowed and drug are part of the free market system. An example of this would be in Canada the same U.S. Company sells its drugs cheaper to compete with prices in the open market and in the U.S. they charge more money because of their monopoly on the drug.

They have also attacked patent listings in the Food and Drug Administration “Orange Book” and have alleged monopolization through fraud on the Patent and Trademark Office and sham litigation. Yet other cases have condemned distribution agreements as unlawful exclusive dealing. These government actions have led to substantial private class action litigation against the pharmaceutical industry. The FTC has also challenged numerous mergers and acquisitions in the industry over the last decade. One common feature in all of these cases is the need to define a relevant market. In nonmerger cases, the FTC and private plaintiffsgenerally allege narrow markets, limited to a single drug and its generic equivalent in some cases and to generic drugs excluding the bioequivalent “brand-name” drug in other cases. In its merger challenges, on the other hand, the FTC has alleged markets ranging from those based upon a particular chemical compound, to broader markets based upon various drugs’ manner of interaction or dosage form, to still broader markets of all drugs used to treat a disease or condition. In numerous pharmaceutical merger challenges, the government has included in the market not only currently marketed drugs but also other drugs under development, alleging “innovation markets.”

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.

2. Patent related and Generic Competition: The developed countries like US and Europe have strong patent protection laws which gives a lot of benefits for the pharmaceutical companies. But, the patent

In economics, a monopoly is a single seller. In law, a monopoly is a business entity that has significant market power, that is, the power to charge high prices.[4] Although monopolies may be big businesses, size is not a characteristic of a monopoly. A small business may still have the power to raise prices in a small industry (or market).[5]

By definition a Monopoly is exclusive control of a commodity or service in a particular market, or a control that makes possible the manipulation of prices (Monopoly 2012). Individuals are often time fearful of a company or industry becoming a monopoly because it would control too much of a market share, and do whatever wants; this includes raising prices, to using excess capital to branch into even more areas (Rise of monopolies 1996). The market structure of a monopoly is characterized by; a single seller; a unique product; and impossible entry into the market (Tucker 2011). A monopoly can be a difficult thing to accomplish being that a single seller faces an entire industry demand curve due to the fact it makes up the industry as a

Pharmaceutical companies are often able to achieve temporary monopolies from patents granting them the exclusive right to produce and market drug formulations they have developed. These patents are:

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.

Epipen had a monopoly that was created by the FDA failing to have a consistent product approval process. A monopoly is a set of circumstances where one producer controls the supply of

In 1970 the government passed two new regulations that has effect on the pharmaceutical industry. “The India Patent Act prohibited

In this case study I was asked six question the first one was,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?

A monopoly is defined as “a firm that is the sole seller of a product without close substitutes”

Therefore, protection of patents is one of the key conditions necessary for further development of the pharmaceutical industry. At the same time, non-efficient legislation that does not provide the necessary level of patent protection is one of the factors that hamper expansion of “Big Pharmaceutical” companies to the developing countries8.

The concept of product patent for pharmaceutical products is likely to make life saving medicine beyond the reach of the poor and deprived section of the society around the world.