Disproving initial fears about TRIPS agreement implementation, the Indian pharmaceutical industry has vibrantly faced up to the changed scenario. Large visionary corporates like Dr. Reddy’s took to drug discovery programs and others began investing in setting up of research facilities and innovative research programs to face the challenges of the product patent regime in the early 1990s.

There has been extensive IP/patent awareness creation with increasing trend in education and training in universities, institutions and law campuses and colleges. Thus, technical and legal professionals in the Indian pharma industry began incorporating IP/patent practices in their knowledge upgradation and work culture. Complying with global IP practices has enabled identification of advantages such as freedom to market analysis and operation, patent landscaping, adoption of non-infringing processes for filing Drug Master Files and Abbreviated New Drug Applications (ANDA), etc. This has enabled much greater technological progress and market penetration, so much so that India’s pharma exports are now directed to developed countries such as the US and Europe in the post-TRIPS era.

Having noted the earlier success of the Indian generic industry post-TRIPS, overseas generic pharma corporations have set up research facilities in India and have also made major mergers and acquisitions. The post-TRIPS knowledge-driven pharma research environment is attracting Indian origin pharma professionals back to the country. According to Gopakumar G. Nair, “there is about 30 per cent share for pharma in filing and grant of trademarks and patents. There is a recent surge in filing of ANDA in the USA, thus encouraging co-marketing, colicensing alliances and networking of Indian pharma companies with global pharma corporations.” India, which commenced export of bulk drugs and formulations to least developed countries in the late 1970s and 1980s, has now emerged as a major global player post-TRIPS.

Today the country appears well geared to be a successful and single largest pharma player in the global scenario post-TRIPS.


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