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Intellectual property protection in India and implications for health innovation: emerging perspectives

Authors Basant R, Srinivasan S

Received 15 April 2015

Accepted for publication 3 November 2015

Published 12 April 2016 Volume 2016:3 Pages 57—68


Checked for plagiarism Yes

Review by Single-blind

Peer reviewer comments 2

Editor who approved publication: Professor Rubin Pillay

Rakesh Basant,1 Shuchi Srinivasan2

1Department of Economics, Indian Institute of Management, 2Doctoral Student Public Systems Group, Indian Institute of Management, Ahmedabad, India

Abstract: This paper undertakes a review of available studies to provide a perspective on the role of intellectual property (IP) protection in developing health care innovations in India. The relevant literature in the context of India has followed two strands: some studies focus on the implications of the new IP regime on access to health care, while others explore the implications of IP on innovation in general and medical innovation in particular. We argue that while it is not possible to attribute all types of innovations to changes in the IP regime, there is merit in viewing health care access and innovation as complementary and not dichotomous processes. We explore this relationship by discussing innovations undertaken by the Indian pharmaceutical industry and in health policy to balance the twin goals of invention and affordable health care.

Keywords: Abbreviated New Drug Application, Indian pharmaceutical industry, Indian IP policy, IP regime, Rashtriya Swasthya Bima Yojana, TRIPS

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