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Indian Patent Policy and Publich Health : implications from the Japanese Experience

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Author Info

  • Aoki, Reiko
  • Kubo, Kensuke
  • Yamane, Hiroko

Abstract

The introduction of pharmaceutical product patents in India and other developing countries is expected to have a significant effect on public health and local pharmaceutical industries. This paper draws implications from the historical experience of Japan when it introduced product patents in 1976. In Japan, narrow patents and promotion of cross-licensing were effective tools to keep drug prices in check while ensuring the introduction of new drugs. While the global pharmaceutical market surrounding India today differs considerably from that of the 1970's, the Japanese experience offers a policy option that may profitably be considered by India today. The Indian patent system emphasizes the patentability requirement in contrast to the Japanese patent policy which relied on narrow patents and extensive licensing. R&D by local firms and the development of local products may be promoted more effectively under the Japanese model.

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File URL: http://ir.ide.go.jp/dspace/bitstream/2344/140/3/ARRIDE_Discussion_No.057_kubo.pdf
File Function: First version, 2006
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Bibliographic Info

Paper provided by Institute of Developing Economies, Japan External Trade Organization(JETRO) in its series IDE Discussion Papers with number 57.

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Date of creation: Mar 2006
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Publication status: Published in IDE Discussion Paper. No. 57. 2006.3
Handle: RePEc:jet:dpaper:dpaper57

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Related research

Keywords: Pharmaceutical industry; Industrial policy; Intellectual property rights; Patent law; Public health; Industrial property law; India; Japan;

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Cited by:
  1. Mihajlo B, Jakovljevic & Nakazono, S & Ogura, S, 2014. "Contemporary generic market in Japan – key conditions to successful evolution," CIS Discussion paper series 613, Center for Intergenerational Studies, Institute of Economic Research, Hitotsubashi University.
  2. Li, Xuan, 2008. "The Impact of Higher Standards in Patent Protection for Pharmaceutical Industries under the TRIPS Agreement: A Comparative Study of China and India," Working Paper Series RP2008/36, World Institute for Development Economic Research (UNU-WIDER).

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