DEVELOPMENT OF INTELLECTUAL PROPERTY RIGHTS IN INDIA by-Rohan Gupta
In this developing era every day counts as a day of new invention for the welfare of society. Every inventor is in search of new technology that will help the mankind, the only risk the inventor is have at the time is the risk that how will he protect a thing which does even have a physical existence or it is only in a form of a thought, here, the role of intellectual property comes into play when a development which is created out of mind emerges and the same thing is at a verge of misuse or exploitation. Intellectual property law provides to every individual, not considering nation as a boundary, certain rights which are accessible throughout the world in order to safeguard the interest of the inventors and their inventions. Modern intellectual property rights are developed keeping in mind change as a constant factor and amended according to the recent need of the society and recent threat that could emerge. This research paper basically provides the information relating to the recent developments which took place in the Intellectual Property Rights Law during the Covid-19 pandemic and how the pandemic affected the Pharmaceutical Industries in the market.
Intellectual Property, Intellectual Property Rights, Patents, Copyrights, Geographical Indication, Exhaustion, GATT, Breach.
Intellectual Property can be termed as invention, construction of an intangible property out of mind and intellect. These constructions can be related to art, literature or any scientific inventions, it also includes images, words, symbols colour combinations, themes, formation,
1 Student at Symbiosis International University, Dehradun
designs etc. ‘Intellectual Property Right’, a right which vests with the inventor or with the constructor of an intellectual property. It ensures protection of the property and guarantees an exclusive right to the inventor of that property of its originality and usage for a certain period of time.
Intellectual Property Rights play a vital role in current era of modernisation, regular updates and innovations, such as design and layout of a modern technical device, are at a greater risk of being stolen or its use by any other person or transfer to any other person, by a person, other than the owner of the property, without his/her prior approval. Thus, Intellectual Property Rights ensures that no one has right to use or transfer belonging to another person, without his prior approval, it also minimises the risk of stealing of property and exploitation of the creator or inventor. This leads to the encouragement of the inventor to continue his/her inventions.
There are multiple types of intellectual properties, and to protect these properties there are various ways for example Patent, Copyright, Geographical Indication. These are various rights to protect various types of properties. Different types of properties are needed to be protected in different manner, they cannot be protected under same head, and classification of the properties depends either upon their way of creation or their way of usage.
Intellectual property rights provide for healthy competition in an economy and also promote economic development of industries and service sector by way of innovations. In recent time more emphasis of Intellectual property rights is given on pharmaceutical sector, because of emerging use of fake and duplicate medicines. 2
INTELLECTUAL PROPERTY AND ITS PROTECTION
Intellectual means creation or invention out of ‘Mind or Intellect’ and Property is define under Transfer of Property Act, 1882 and as well as other Acts, as per usage and needs of the term Property. The term ‘property’3 as per Transfer of Property Act, 1882 means “Property of
2Subodh Asthana, ‘All you want to know about Intellectual Property Rights’, Blog. I Pleaders, (10 June 2021, 10:00 AM)https://blog.ipleaders.in/ipr-description/
3Bhagwati Dhan Charan, ‘Definition and Concept of Property’ Legal Services India, (12 June 2021, 11:45 AM) http://www.legalservicesindia.com/article/502/Definition-&-concept-of-property.html
any kind whether movable or immovable, tangible or intangible, and includes any right or interest in such property.”
Every property whether tangible or intangible, movable or immovable creates a right for benefit of the inventor of that property which, provides protection of intellectual property and stimulates human intellect to keep inventing on new ideas for economic development of the society and also saves the inventions and the inventors from exploitation of the same. It helps to provide investors to get returns on investments for their research. 4
INTELLECTUAL PROPERTY RIGHT
Intellectual property right, a legal right guaranteed to a person (person includes artificial and juristic person as well) for their inventions, creations, discoveries, symbols, designs etc. This legal right guarantees its exclusive use by the person having the right for a specified period of time and till a limited geographical area without any disturbance. It creates a limitation for business and the growth of economy, as the creator or the inventor can disallow someone from using his invention by enforcing such rights. Therefore, these rights are also called monopoly rights of exploitation. 5
NATURE OF INTELLECTUAL PROPERTY
A) Rights over Intangible Property
Nature of property can be classified as tangible and intangible property. Intellectual property rights deal with intangible nature of property, these properties can only be seen, felt, read out, but cannot be touched. This creates a relation between tangible property and intangible property, for example, a thought of writing a book once penned down in a book, here thought of writing a book is an intangible but once writing on a book, the books become tangible property, therefore it creates relation between intangible property and tangible property, and also allows its creators to use their mental ability for benefit of economy.6
4Subodh Asthana, ‘All you want to know about Intellectual Property Rights’ (Blog. I Pleaders, 17 October 2019)
<https://blog.ipleaders.in/ipr-description/ > accessed 10 June 2021
5Subodh Asthana, ‘All you want to know about Intellectual Property Rights’ (Blog. I Pleaders, 17 October 2019)
B) Breach of terms can attract legal actions
Intellectual property is referred to as asset of the owner, which he can use for his personal and social benefits. Every property owner has a right to transfer, gift, pledge his/her property as and whenever he/she wants, and any breach of terms and conditions during these scenarios are sufficient to drag, the party committing the breach, to the doors of the court. Owner of the property has enough rights to sue the party committing the breach of the terms and also to recover damages for the breaches and the damage he suffered due to that breach. 7
C) Intellectual property attracts negative rights
Further, Intellectual property attracts negative rights, it allows the owner of the property to restrict the use of the property by not allowing other persons to use them without the permission of the owner of the property.8
D) One Right attracts another
Intellectual property rights are in co-existence with one another, one right attracts another right. For example, Tea production in Assam have obtained special indication to ensure that the product is grown and harvested in the state of Assam that indication is called ‘Geographical Indication’ and is used to determine the origin of the product, further, when the tea is packed in a packet labelling its name, it attracts ‘Trademark’ of the name labelled on the said packet. Similarly, it goes with the design of the packaging, which attracts the provisions of the ‘Design Act’. Thus, Intellectual property rights attracts and co-exists with other rights. 9
E) Doctrine of Exhaustion
The concept is based on free movement of goods from one person to another and so on. The owner of the Intellectual Property has an exclusive right to restrict the sale or transfer of the
7Subodh Asthana, ‘All you want to know about Intellectual Property Rights’ (Blog. I Pleaders, 17 October 2019)
<https://blog.ipleaders.in/ipr-description/ > accessed 10 June 2021
8Subodh Asthana, ‘All you want to know about Intellectual Property Rights’ (Blog. I Pleaders, 17 October 2019)
<https://blog.ipleaders.in/ipr-description/ > accessed 10 June 2021
9Subodh Asthana, ‘All you want to know about Intellectual Property Rights’ (Blog. I Pleaders, 17 October 2019)
<https://blog.ipleaders.in/ipr-description/ > accessed 10 June 2021
product on that right vest. This right specifies that when the actual owner or the holder of the property transfers the property (both possession and ownership) and the attached benefits to some other person, his right to restrict the further transfer and usage of the property ceases. The exclusive right, with the actual owner ceases as soon as he transfers or sell the property to some other person. The person to whom the property is transferred does not become the exclusive owner as the previous owner, but is only entitled for the possession and ownership of the property being transferred to him, because the exclusive right to restrict the sale of same product cannot be exercised twice. 10
F) Not Static
Intellectual property laws are not static they are under continuous evolution. Certain new intellectual property rights are also added concerning diversity, growth and innovations that are present around. Judiciary also helps to enclose certain loop holes that are left open that helps people to escape from punishment. Modern science is also developing articles at a good
pace, in order to safeguard their interest intellectual property rights, need to stand at par. 11
TYPES OF INTELLECTUAL PROPERTY RIGHTS
There are numerous creations that a mind can create. Therefore, it become difficult to put all creation under same head, protection of intellectual property defines different heads for different creations. Under mentioned are some of the heads of intellectual property:
A very popular and often used ‘Patent’, an intellectual property right granted to the inventor by a government organisation or agency, for example Indian Patent Office is responsible for granting patent in India, similarly US Patent and Trademark Office owes a duty for granting patent in the United States. Patent is issued to an inventor for its inventions such as designs,
10Subodh Asthana, ‘All you want to know about Intellectual Property Rights’ (Blog. I Pleaders, 17 October 2019) <https://blog.ipleaders.in/ipr-description/ > accessed 10 June 2021
11Subodh Asthana, ‘All you want to know about Intellectual Property Rights’ (Blog. I Pleaders, 17 October 2019) <https://blog.ipleaders.in/ipr-description/ > accessed 10 June 2021
physical inventions, finding methods or process for accomplishment. Mainly the right is used by tech companies, for their designs and projects to get patent.12
Second type of intellectual property is copyrights which deals with the protection and exploitation of ideas that are converted in Tangible form. This type of right is majorly used by authors and artisans, copyright provides for the originality of work and also save it from copying or creating its duplicates by some other person, other than the author or artist himself. A person having copyright is authorised to get into an agreement of using his product by some other person by providing author consideration in way of royalty. 13
knowledge of business, is known as ‘Franchisor’.
12Will Kenton, ‘Intellectual Property’ (Investopedia, 27 February 2021)
<https://www.investopedia.com/terms/i/intellectualproperty.asp > accessed 24 June 2021
13Will Kenton, ‘Intellectual Property’ (Investopedia, 27 February 2021)
<https://www.investopedia.com/terms/i/intellectualproperty.asp > accessed 24 June 2021
Licence allows the Franchisor to use name of the company, and render services or sell products as per the agreed terms and conditions. Example for franchise is stores of Bata, Mc Donald’s, KFC etc.
E) Trade Secrets
Another type of intellectual property is trade secret and can be termed most common practice and old practice that every business follows. Every company has created different ways, methods and processes, recipe, information of which a business cannot release publicly. Trade secrets are basically the research and developments made by a company on its product, from its creation till it reaches the end user. Thus, trade secrets grant protection to companies to disclose its trade secrets. An example of trade secret is recipe used by Coca Cola company to make its drink.
F) Geographical Indication
Geographical indication in short referred to as GI is, a type of intellectual property that defines the origin of a product. In other words, it indicates the relation between the product and its place of origin. It is generally used for some of most famous products that are found only at a particular place in the world. The GI tag grants a certification that the product on which it is obtained refers to that particular place and possesses the same quality, feature, taste, etc. depending upon the nature of the product. For example, Tea grown the hills of Assam, Oranges from city of Nagpur.
There are many different type intellectual properties other than the ones which are listed above but the above listed ones are some of the most important and can be seen day to day practice.
HISTORY OF INTELLECTUAL PROPERTY RIGHTS
Emergence of these was dependent upon their need, therefore all the rights which are listed below belongs to different historical background.
Patents were introduced in India because inventors in the country were induced to disclose the secrets of their inventions. India came up with 1st legislation in 1856,to encourage the inventors and save their secrets. In the year 1859, legislation came up with a new Act which grants rights to the owner/inventor of the property for its exclusive usage.The Act was named as the patents and designs protection Act. The Act was carried out for a period of 30 years
without any amendments except in year the 1883. 14
All local practices were replaced and only the provisions of this Act were followed after its enactment, for granting of patents, increment in time period of patent certificate, till the need arise of something more specific and accordance with the era post-independence. A bill was introduced in the year 1965 which requires modification and was again introduced in the year 1967 and was again sent for amendments. Finally, the bill was introduced in the year 1970 and was passed by both the houses of Parliament and received the assent of the president and became an Act, known as the Patents Act, 1970. This Act is still in force from the year
Copyrights in India was heard at the time of British Period, for every author at that time it was made necessary to get his/her publication registered under the said rule. The rights will protect the person for period of 42 years during his life and 7 years post life. Government has power to compulsory publish the book of the author having copyrights, even if the publication is denied, on death of the author.
In the year 1914, Indian Legislation came up with a new Act, which was completely similar to the United Kingdom Copyrights Act, 1911, except the Indian Copyrights Act inserted certain provisions of criminal liability arising from breach of sections listed in the copyrights Act, 1914. Many a times the Act was amended as per changes. Post-independence the law
14Sylvine, ‘Patent law in India and the Pharmaceutical Industry’ (Blog I Pleaders, 28 June 2016)
<https://blog.ipleaders.in/patent-law-india-pharmaceutical-industry/ > accessed 14 June 2021
15Yash Jain, ‘IPR Law History’ (Legal Services India) <https://www.legalserviceindia.com/legal/article-3731- ipr-law-history.html> accessed 14 June 2021
was replaced by the Copyrights Act, 1957 it also went through amendments many times but is still in force.
Trademarks in India were also introduced in the pre-independence era. Draft of the Act was similar to the British Trademarks Act. Post-independence the Act was replaced by the trade and merchandise Act, 1958, this Act was gone through many amendments and in the year 1999 a new Act i.e., the Trade Marks Act, 1999 was introduced and the Act is still continuing.
D) Trade Secrets
There is no separate legislation to govern trade secrets, it is developed by the Indian Judiciary over the period of time by referring to different cases.
EVOLUTION OF INTELLECTUAL PROPERTY RIGHTS
In late 1900’s concern grew for India and people holding knowledge about such right but Intellectual property law didn’t emerge with as much pace as the country wants. Different protection laws grew according to their need, some came up very fast leaving others behind. Thus, a need arose to bring all these intellectual property protection rights at par with each other and combine them under same category of law. Various international treaties were formed to promote Intellectual Property Right among every sector. 16
Intellectual property rights provide inventors, artisans, lyricist and any people who earn their living because of creations their minds, a platform and assurance to safeguard their creativity, also the help in yielding the benefits arising out of transfer or sale of that property for personal as well as societal use. It creates a channel through which a person, who suffers damage due to infringement or violation of Intellectual property right can approach the door of the redressal forum for enforcing his right to sue. Countries are also developing speedy judicial to handle the matters of Intellectual property rights, various training sessions are conducted to understand the nature of crime and way to deal with it. In India a governmental
16S. Lakshmana Prabu T.N.K. Suriyaprakash and C. Dinesh Kumar, ‘Intellectual Property rights and Its Development in India’ (2012) 44(7) Research Gate
<https://www.researchgate.net/publication/288712599_Intellectual_property_rights_and_its_development_in_In dia > accessed 26 June 2021
body, Cell for IPR (Intellectual Property Rights) Promotion and Management (CIPAM), is created in collaboration with WIPO (World Intellectual Property Organisation) and National Judicial academy (NJA), for conduction sessions and programmes on intellectual property rights, for better understanding the provisions of law, for Supreme Court and High Court Judges. The National Intellectual Rights Policy, 2016, was created with a view to ensure guidance on upcoming regulations and rule for intellectual properties. 17
WORLD INTELLECTUAL PROPERTY ORGANISATION (WIPO)
A self-sufficient and a self-funded institution under United Nations, headquartered in Geneva, Switzerland, established in the year 1967. A specialised agency created for governing, monitoring and stimulating aspects of intellectual property, promoting developments, inventions and creative activities all over the world. Out of total countries in the world 192 countries are signing member of WIPO, including India. Motto of the organisation is to promote and encourage growth in intellectual property. This organisation creates a balance between creativity and reward for creativity. It helps in providing complete satisfaction and safety to the inventor in regards to their invention.
All the signatory members of WIPO had entered into an agreement in the year 1995, to safeguard and protect the right of every citizen of the signatory country form the breach occurring because of intellectual property. The agreement which the signatories entered was recognised as Trade-Related Aspects of Intellectual Property Rights (TRIPS)18 and members of TRIPS also include signatories of World Trade Organisation. TRIPS works as a benchmark for setting up of standards of intellectual property rights, it ensures minimum level of protection of rights that every citizen of the signing member should get, the law relating to IPR can be much stricter and can provide more safety for a respective country but for others it should fulfil the minimum requirement. 19
17Marlaine White, ‘Intellectual Property Regulation under International Law’, (International Studies Association and Oxford University, 22 December 2017)
<https://oxfordre.com/internationalstudies/view/10.1093/acrefore/9780190846626.001.0001/acrefore- 9780190846626-e-221 > accessed on 25 June 2021
17 Maskus, K.E., ‘The international regulation of intellectual property’ (1998) 186-208 Spring Link < https://link.springer.com/article/10.1007/BF02708092 > accessed on 26 June 2021
19World Intellectual Property Organization, (Wikipedia, 10 June 2021)
<https://en.wikipedia.org/wiki/World_Intellectual_Property_Organization> accessed on June 15, 2021
INTELLECTUAL PROPERTY AND DRUGS AND PHARMACEUTICAL INDUSTRIES IN INDIA
In the era of globalisation, developments in technology are growing at rapid pace and with the help of this technology scientific researches are done to enhance and increase the human life, to protect intelligent brains and manpower, every now and then a new formula or a drug is created. Therefore, a need arises to protect those drugs and formulas from exploitation and misuse, here comes the essential role of intellectual property and to be specific ‘Patents’.
India had its own Patent Laws enacted in the year 1970, which contains the provision for registration of the process of making Drugs. The patent for the process registered was granted for a period of seven years. This was before India became the signatory member of GATT and TRIPS, they enlisted minimum requirements, which were common for every country, to be present and granted as a right to every citizen of the country. Keeping this in view India in the year 1994, made changes in the intellectual property rights, Act. Patent Act was also amended and certain things were included such as patent will also granted for registration of product as well as process to make that product, the period of licence was increased from seven years to twenty years, etc. These amendments were made keeping in view the development and growth of pharmaceutical sector of the country. 20
IMPORTANCE OF PATENT IN PHARMACEUTICAL INDUSTRY
Before the introduction of the “patent of the product” scheme was introduced it was considered a difficult task for the companies in the pharma sector to secure the drugs they manufacture from the outside world. The company only has the right to patent the process through which they manufacture drug, resulting that the other manufacturer can also produce the same drug by mixing similar components or may be some other component for curing same disease, and introduce that drug in the market with a different and may be at lesser price. This was creating unnecessary competition for the companies.
Amendments were brought in with in the Patent Law in the year 1994, whereas in the year 2005 pharmaceutical companies were given a power to get register and patent their process of manufacturing as well as the product. After the enactment of the amendment in the year 2005
20 Palak Sinha, ’History and Evolution of IPR’, (Legal desire, 08 August 2020) <https://legaldesire.com/history- and-evolution-of-ipr/ > accessed on June 20, 2021
companies in pharma sector compulsorily have to take licence from the government to manufacture drug, now a different company cannot take licence from the government to manufacture same drug. Every company in the business of manufacturing drugs is now have to undergo a research and development process to manufacture a new drug.
The threatening issue which was revolving around while implementing the new amendment was hike in prices of drugs but the Indian Market adopted the new so quickly that even some of the MNCs shifted to India through their subsidiaries because labour and research of the medicine is so much feasible in the country. India at that time consist of 20 mega pharma industries, out of which 16 are registered under the Companies Act, 1956 and rest of the companies are MNCs. 21
PHARMACEUTICAL INDUSTRY AND APPLICATION OF PATENTS LAW
India stands on fourth rank in terms of production of drugs. India is the largest producer of the generic drug in the world, quantity of drugs produced in India constitutes of almost 50% supply of generic drugs globally. There are almost 3000 medicines companies in India and about 10000 manufacturing units for production of drugs. In terms of volume produced India stands on fourteenth position globally. Currently over more than 80% of the antiretroviral drugs and drugs which are used to combat the deadliest disease i.e., AIDS are supplied from India. Indian pharmaceutical sector comprises of biotechnology industry, biopharma, bio- service etc. According to a survey conducted by the Economic Survey of India, Indian pharmaceutical sector will expand more than three times in the upcoming decade, analysist predict that the market will constitute a market capital of sixty-five billion ($USD) till the year 2024 and will further expand to constitute a market capitalisation of $130 billion (USD) approx. till the end of this decade. In the year 2019 the market capitalisation of the Indian Biotechnology Industry was valued at approx. sixty-four billion ($USD). India is also indulged in export of drugs to around 200 countries all over the world. US stand on first position when it comes to import of drugs from India. Major market for India for supply of
21Nilesh Zacharias and Sandeep Farias, ‘Patents and the Indian Pharmaceutical Industry, (Mondaq),
<https://www.mondaq.com/india/patent/865888/patents-and-the-indian-pharmaceutical-industry> accessed on 19 June, 2021
drugs is USA and in financial year 20-21, India’s export of pharmaceutical sector stood at approx. seventeen billion ($ USD)22.23
Many amendments relating to foreign investments in India, were brought up by the Union Cabinet for promoting the production and manufacturing of drugs in India at a higher level. According to recent amendments FDI’s can invest up to 100% of manufacturing of medical device under the automatic route by complying with certain conditions and accordingly after the amendment came India received FDI investment of approx. eighteen billion ($USD)25as per the data provided by DPIIT26.
22 Export’s data recorded from December 2020 till April 2021.
23India Brand Equity Foundation, Indian Pharmaceutical industry, (IBEF, Delhi, 2021)
24 Figure 1.1- Exports recorded from India, till the year 2019 at Nineteen billion ($ USD)
25 For the purpose of this calculation investments received during April 2000 till December were taken into consideration.
26Department for Promotion of Industry and Internal Trade.
As per the Patent Law applicable in India only a new invention which has an industrial application can be patented. If the idea is converted into business i.e., the person having the idea himself or he engages someone in the earning of income from that idea, the registration of patent will become void or the person has communicated the idea to the public than also it becomes void as per section 2(1)(j) of the patents law.
The law is applicable worldwide it means that if any has thought of this before and got it patent in some other country, the person living in India cannot register the same idea in India. Therefore, the law universal applicability, it protects inventor even if they are living in different countries.
27 Figure 1.2- Revenue generated by the pharmaceutical sector was almost double in the year 2020 when rest of the industries were facing losses during lockdown imposed due to covid-19 virus.
Inventions which an inventor over which the inventor cannot get patent are provided under section 3 of the Patents Law applicable in India. Some items of the list are as follows:
a) Any invention which is contrary to the well-established natural law or is frivolous in its claim.
b) A method of agriculture of horticulture.
c) A process for the medical treatment of human being and animals.
d) A presentation of information.
e) An invention whose use is against public morality or public order.
f) A discovery of a new property or getting to know a new use of a known property.
According to the Patents Act a compulsory licence is provided to the manufacturer of the product only after completion of three years from the grant of patent, it is stated in section 84 of the Act. The licence is provided only when the conditions listed below are fulfilled:
28 Figure 1.3- Investment received by Indian Pharmaceutical sector gradually increased as the laws allows FDI’s.
1. When the product, which is patented, is not available to the public at large at an affordable price. And
2. There are certain requirements which are to be fulfilled before offering product to the general public, those requirements are not properly satisfied.
Introduction of new patents law regime caused a huge impact on the Indian market and pharmaceutical companies. Competition in the market which arising before the law came into picture started to decline because of the patents law which allowed companies to register their manufacturing process as well as the product. Earlier the companies used to set the prices of the product according to the reaction of market, but fear arose when there is only a single in manufacturing of one particular type of medicine which could lead to creation of monopoly or cartel, where now the medicine can will be available in the market at a price which company wants.
This strategy could create a tough situation at time of introduction new patent regime. Companies can create monopoly or can form joint ventures. The legislature thought of this way before the introduction of new patent regime, they prevented it by Competition Act, 2002. The said Act prevented companies to form association in order to rig prices of the medicines, also it stopped them from selling the medicines the rate they wanted. Therefore, it became necessary to keep a ceiling on the price of medicine keeping in mind the social policy and social welfare of people, ceiling will help even poor people to afford the medicine.
In India also the Supreme Court refused to grant a patent to Novartis, in the case of “Novartis AG v. UOI29. Novartis is a foreign company and wanted to get one of their drugs. Indian Companies raised an objection stating that a very similar product was already patented, and hence, this particular drug could not be patented. Novartis contended that it was a new invention since there were certain changes made to the drug. The Court stated that the drug did not pass the test laid down by Section 3 (d) of the Patents Act, and hence patent will not be granted. This section states that the mere discovery of a new form of a known substance
29 AG vs UOI , 4 MLJ 1153
which does not increase the efficiency of the product will not be considered as an invention. The Apex Court observed that Section 3 (d) was valid and also opined that just making some minor changes in a known product will not increase its efficiency and make it an invention.”
PHARMACEUTICAL INDUSTRY DURING COVID-19
Coronavirus came as a nightmare to many of the industrialist, many major sectors of the market got disturbed due to corona virus but for pharma sector it was a boon. To curb the mutation of virus the Government of India imposed nationwide-lockdown. Almost a year ago, at the start of this virus started spreading all over the globe, whole world locked itself. Every industry every sector faced shutdown, in the very starting even most of the pharma industries were also went into lockdown due to lack of knowledge of the virus. Later, people started updating themselves about the technical know-how of the virus and went to research centres for research over the virus and for finding a medication that could help to curtain this dangerous virus.
India basically imports essential component for making drugs from China, which are also known as API’s 30. India drug manufactures are solely based on supplies they receive from China for production of drugs in India. In the year 2020, a cold war emerged between India and China, in which a campaign “say no to Chinese product” started, due to which China also stopped suppling raw material for manufacturing medicines and drugs which was matter of concern among pharmaceutical sector. After this the Indian Government took a serious step toward production of APIs in India which will reduce the dependency of Indian manufacturers or medicines and drugs in Chinese API’s. A package of 13 billion (Rs. INR) was proposed for promotion of production of APIs in India, this will reduce the barrier of dependency. Also, in budget 2021-22 the Union Government is planning to allocate approx. 70,000 crores (Rs. INR) towards Health and family Welfare and almost 2,000 crores (Rs. INR). Government after the impact is planning to create a better infrastructure facility and improvement in medical equipment.
Intellectual property rights encourage inventors to invent without any fear of exploitation with their creation. It creates a monopoly for the owners of the property and restricted usage
30 ‘Active Pharmaceutical Ingredients’
of the property based on owner’s choice. Patent works a privilege, given to someone who helped the human race by inventing something which is beneficial to them. Patent is always awarded for things which provide benefit and not harm. Intellectual Property Rights involves international relations and also includes different treaties formed by various organisations, one of them is GATT. Intellectual property rights are a matter related to international policies, because inventors are situated all over the world and to restrain the infringement of their rights throughout the globe, it is necessary to implement the policy of intellectual property at a global level.
Growth in pharmaceutical sector also has attracted the use of intellectual property rights. Earlier people were only able to register the process of making medicine but now people can register the process as well as the product they invented. Government of India is also planning to upgrade and update the use of Intellectual Property Rights in various fields, also the Government is coming up with certain new amendments to curtail the loop holes that are present in the present Intellectual Property Law. Intellectual Property Works as safeguard to the inventors of the pharmaceutical industry, by providing them a healthy competitive environment to work within and thus focusing on the welfare of the society as a whole.