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The effects of patent-law changes on innovation: The case of India's pharmaceutical industry

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  • Haley, George T.
  • Haley, Usha C.V.

Abstract

Recent patent-law changes in India's pharmaceutical industry provide opportunities to study changes of institutional and regulatory environments on innovation and social welfare in low-income markets. From 1972 to 2004 under its process-patent regime, India's pharmaceutical industry grew to become the world's fourth largest. Indian companies were becoming globally competitive in generics and clinical testing, and moving into product R&D. Researchers have debated the effects of India's new product-patent laws' effects on these trends. The authors cover the domestic characteristics and global competitiveness of India's pharmaceutical industry. They contrast data (from 2001 to 2004) on patents in India's process-patent regime with preliminary data (from 2005 to 2008) on patents in the country's new product-patent regime. They argue that Indian pharmaceutical companies have changed their decision-making in response to changed patent laws by moving from process to product research. However, the preliminary results indicate that these changes may have hurt domestic innovation. They conclude with strategic implications for the Indian pharmaceutical industry and highlight the need for research and public policy to establish optimal social returns from product-patent regimes.

Suggested Citation

  • Haley, George T. & Haley, Usha C.V., 2012. "The effects of patent-law changes on innovation: The case of India's pharmaceutical industry," Technological Forecasting and Social Change, Elsevier, vol. 79(4), pages 607-619.
    • Handle: RePEc:eee:tefoso:v:79:y:2012:i:4:p:607-619
    DOI: 10.1016/j.techfore.2011.05.012
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    Cited by:

    1. Su, Hsin-Ning, 2017. "Collaborative and Legal Dynamics of International R&D- Evolving Patterns in East Asia," Technological Forecasting and Social Change, Elsevier, vol. 117(C), pages 217-227.
    2. Shinjinee Chattopadhyay & Janet Bercovitz, 2020. "When one door closes, another door opens … for some: Evidence from the post‐TRIPS Indian pharmaceutical industry," Strategic Management Journal, Wiley Blackwell, vol. 41(6), pages 988-1022, June.
    3. Hou, Qingsong & Chen, Zhihao & Teng, Min, 2022. "Today’s baton and tomorrow’s vision: The effect of strengthening patent examination system on corporate innovation strategies," Journal of Business Research, Elsevier, vol. 144(C), pages 614-626.

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