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The Market Impacts of Pharmaceutical Product Patents in Developing Countries: Evidence from India

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  • Mark Duggan
  • Craig Garthwaite
  • Aparajita Goyal

Abstract

In 2005, as the result of a World Trade Organization mandate, India began to implement product patents for pharmaceuticals that were compliant with the 1995 Trade-Related Aspects of Intellectual Property Rights (TRIPS). We combine pharmaceutical product sales data for India with a newly gathered dataset of molecule-linked patents issued by the Indian patent office. Exploiting variation in the timing of patent decisions, we estimate that a molecule receiving a patent experienced an average price increase of just 3-6 percent with larger increases for more recently developed molecules and for those produced by just one firm when the patent system began. Our results also show little impact on quantities sold or on the number of pharmaceutical firms operating in the market.

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  • Mark Duggan & Craig Garthwaite & Aparajita Goyal, 2014. "The Market Impacts of Pharmaceutical Product Patents in Developing Countries: Evidence from India," NBER Working Papers 20548, National Bureau of Economic Research, Inc.
  • Handle: RePEc:nbr:nberwo:20548
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    Cited by:

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    2. Iain M. Cockburn & Jean O. Lanjouw & Mark Schankerman, 2016. "Patents and the Global Diffusion of New Drugs," American Economic Review, American Economic Association, vol. 106(1), pages 136-164, January.
    3. Wiljan van den Berge, 2019. "Automatic Reaction – What Happens to Workers at Firms that Automate?," CPB Discussion Paper 390.rdf, CPB Netherlands Bureau for Economic Policy Analysis.
    4. Atal, Juan Pablo & Cuesta, Jose Ignacio & Sæthre, Morten, 2018. "Quality Regulation and Competition: Evidence from Pharmaceutical Markets," Research Department working papers 1211, CAF Development Bank Of Latinamerica.
    5. Anderson, Michael L. & Davis, Lucas W., 2020. "An empirical test of hypercongestion in highway bottlenecks," Journal of Public Economics, Elsevier, vol. 187(C).
    6. Sampat, Bhaven N. & Shadlen, Kenneth C., 2017. "Secondary pharmaceutical patenting: A global perspective," Research Policy, Elsevier, vol. 46(3), pages 693-707.
    7. Shamim S. Mondal & Viswanath Pingali, 2017. "Competition and Intellectual Property Policies in the Indian Pharmaceutical Sector," Vikalpa: The Journal for Decision Makers, , vol. 42(2), pages 61-79, June.
    8. Gaetan de Rassenfosse & Marco Grazzi & Daniele Moschella & Gabriele Pellegrino, 2020. "International Patent Protection and Trade: Transaction-Level Evidence," Working Papers 8, Chair of Innovation and IP Policy.
    9. Kamal Saggi, 2016. "Trade, Intellectual Property Rights, and the World Trade Organization," Vanderbilt University Department of Economics Working Papers 16-00014, Vanderbilt University Department of Economics.
    10. Walker Hanlon & Taylor Jaworski, 2019. "Spillover Effects of IP Protection in the Inter-war Aircraft Industry," NBER Working Papers 26490, National Bureau of Economic Research, Inc.
    11. Yoshimi Okada & Sadao Nagaoka, 2017. "Global Spread of Pharmaceutical Patent Protection: Micro Evidence from the International Equivalents of Drug Patents in Japan," Millennial Asia, , vol. 8(1), pages 26-47, April.
    12. Keith E. Maskus & William Ridley, 2016. "Intellectual Property-Related Preferential Trade Agreements and the Composition of Trade," RSCAS Working Papers 2016/35, European University Institute.
    13. Dhanora, Madan & Sharma, Ruchi & Khachoo, Qayoom, 2018. "Non-linear impact of product and process innovations on market power: A theoretical and empirical investigation," Economic Modelling, Elsevier, vol. 70(C), pages 67-77.
    14. Margaret K. Kyle, 2019. "The Alignment of Innovation Policy and Social Welfare: Evidence from Pharmaceuticals," NBER Chapters, in: Innovation Policy and the Economy, Volume 20, pages 95-123, National Bureau of Economic Research, Inc.
    15. Heidi L. Williams, 2016. "Intellectual Property Rights and Innovation: Evidence from Health Care Markets," Innovation Policy and the Economy, University of Chicago Press, vol. 16(1), pages 53-87.
    16. Kyle, Margaret K. & Ridley, David B. & Zhang, Su, 2017. "Strategic interaction among governments in the provision of a global public good," Journal of Public Economics, Elsevier, vol. 156(C), pages 185-199.
    17. Nancy Gallini, 2017. "Do patents work? Thickets, trolls and antibiotic resistance," Canadian Journal of Economics, Canadian Economics Association, vol. 50(4), pages 893-926, November.
    18. Watal, Jayashree & Dai, Rong, 2019. "Product patents and access to innovative medicines in a post-trips-era," WTO Staff Working Papers ERSD-2019-05, World Trade Organization (WTO), Economic Research and Statistics Division.
    19. Baten, Joerg & Bianchi, Nicola & Moser, Petra, 2017. "Compulsory licensing and innovation – Historical evidence from German patents after WWI," Journal of Development Economics, Elsevier, vol. 126(C), pages 231-242.
    20. Carsten Fink & Bronwyn H. Hall & Christian Helmers, 2018. "Intellectual Property Use in Middle Income Countries: The Case of Chile," NBER Working Papers 24348, National Bureau of Economic Research, Inc.
    21. Margaret Kyle & Yi Qian, 2014. "Intellectual Property Rights and Access to Innovation: Evidence from TRIPS," NBER Working Papers 20799, National Bureau of Economic Research, Inc.
    22. Trachtenberg Danielle & Kaplan Warren A. & Wirtz Veronika J. & Gallagher Kevin P., 2019. "The Effects of Trade Agreements on Imports of Biologics: Evidence from Chile," Journal of Globalization and Development, De Gruyter, vol. 10(2), pages 1-21, December.
    23. Wiljan van den Berge, 2019. "Automatic Reaction – What Happens to Workers at Firms that Automate?," CPB Discussion Paper 390, CPB Netherlands Bureau for Economic Policy Analysis.
    24. Bhaven N Sampat & Kenneth C Shadlen, 2018. "Indian pharmaceutical patent prosecution: The changing role of Section 3(d)," PLOS ONE, Public Library of Science, vol. 13(4), pages 1-19, April.

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    More about this item

    JEL classification:

    • I11 - Health, Education, and Welfare - - Health - - - Analysis of Health Care Markets
    • L1 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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