GENESIS AND DYNAMICS OF IPR AND ITS RELEVANCE TO INDIAN PHARMACEUTICAL INDUSTRY

Hitesh Patel, Chirag Modi, Shailesh Mody, Ghanshyam Dudhatra, Avinash Kumar, Yashwant Chaudhari

Department of Pharmacology and Toxicology, College of Veterinary Science and Animal Husbandry, Sardarkrushinagar Dantiwada Agricultural University, Sardarkrushinagar,Gujarat, India-385506

*Corresponding Author’s email: drhitesh2002@rediffmail.com

Abstract :

Intellectual property is the personal property resulting from the creative or inventive work of individual or individuals. It is all about human creativities and a product of human mind. Intellectual property like other types of property is protected by several laws and regulations to offer protection against illegal ownership and user ship. Such set of rights is IPR. Presently, TRIPs has indentified the IPRs internationally. These include patents, copyrights, trademarks, and geographical indications, protection of undisclosed information, layout design of integrated circuits and industrial design. Although international intervention by TRIPs, there is many burning issues still need to be focused aggressively. These areas include protection of traditional knowledge, protection of products from natural resources and protection of people’s right (tribals/farmers/breeders). The Indian pharmaceuticals industries at high pace of development and expansion are research/knowledge based industries which largely rely on human mind creativity and innovation. The industry uses the intellectual potential of their research scientist and inventors investing huge economic resources. The economic progress and market sustainability depends on their thought based new products and processes. Under such situation, the protection of such wide area of intellectual property and their financial interest is of paramount importance for future of industry and human welfare in health care sector. Research-based, innovation-led companies that seek to develop new drugs improve or adapt existing drugs or develop new pharmaceutical/medical equipment or processes, tend to rely heavily on the IPR/patent system to ensure they recover the investments incurred in research and development. IPR laws and acts had passed through many changes in response to TRIPs. The major provisions affecting IPR are shifting from process patent to product patent, extending patent term for 20 years and many others.