India’s Distinct but Opposing Patent Model Is Under Pressure: Prospects and Challenges in the Global Arena

Abstract

The Indian patent model is a powerful and well-balanced model that not only complies with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) but also considers domestic needs and national interest. This study endorses India’s approach of fully availing itself of public health flexibilities provided in the TRIPS Agreement. India’s well thought out patent model contradicts with the pro-patentee approaches taken by the European Union, the USA and Japan. This study emphasises the challenges and pressures faced by the Indian patent model because of the closer harmonisation agenda being pushed by some high-income countries through bilateral and multilateral free trade agreements. This study argues that in order to effectively respond to harmonisation demands, India needs to be proactive in terms of building regional coalitions and transmitting its model to other like-minded Association of Southeast Asian Nations (ASEAN) countries with similar interests. This is a viable approach because most of the ASEAN countries, despite different levels of development and industry, are facing similar challenges in terms of universal access to affordable medicines.