impact of patent laws on pharma sector

Friday, August 05, 2005

Rajya Sabha

Over 95 per cent of the drugs being produced in India are off- patent and would not be affected by the introduction of product patent. Similarly the medicines included in the National List of Essential Medicines, 2003 are also off – patent and would not be affected by the product patent regime. The small number of drugs (less than 5 per cent) which are likely to be covered under product patent would continue to be produced in the country without any interruption. This has been ensured under the latest amendment in the Indian Patents Act, 1970. A reasonable royalty on the production of such drugs would become payable to the patent – holder company.

Since production of the existing drugs being produced in India would not be affected by the introduction of product patent regime there is no likelihood of closure of some of the units due to this reason. As such there is no question of unemployment in the pharma industry taking place in India due to introduction of product patent regime.

This information was given by the Minister of Steel, Chemicals & Fertilizers, Shri Ram Vilas Paswan in a written reply to a question in Rajya Sabha today.

SKM:PM