The Politics of the Pharmaceutical Industry and Access to Medicines

The Pharmaceutical Industry and Access to Medicines in India The Pre-1972 Product Patent Period The Process Patent Era 1972–2005 Full TRIPS-compliance from 2005 Financial and Economic Crisis and Access to Medicines for All Challenges of Regulation of Medicines in India Price Regulation Weeding Out of Irrational Medicines: A Necessary Complement to Price Control Law on Banning Irrational Medicines Towards Ethical Marketing and Promotion of Medicines Promoting Transparency and Declarations of Conflict of Interest General Review of all Legislations Other Issues Conclusion CIPLA: Patients before Patents Modest Beginnings Yusuf Hamied Living up to his Legacy India’s Patent Law 1972 The Three Drug Combination: Potent Cocktail A Life-saving Offer Success Story The Road Ahead Systemic Failure of Regulation: The Political Economy of Pharmaceutical and Bulk Drug Manufacturing The Regulation of Industrial Pollution Structure and Methodology Structures of the Value Chains in the Rural Economy Pathways of Pollution in the Dairy Industry Regulatory Checks on Pathways in Value Chains Final Observations TRIPS Flexibilities and Access to Patented Medicines in India Use of Trips Flexibilities Exemptions from Patentability Future Options India’s Free Trade Agreements: Implications for Access to Medicines in India and the Global South Introduction TRIPS Compliance: Using the Doha Declaration in India India’s FTA Negotiations: An Overview FTAs and Access to Medicines: Key Concerns Intellectual Property Provisions Investment (or Investor Protection) Measures Regulatory Harmonization Government of India’s Position FTAs, TRIPS and the Right to Health Conclusion At any Price? Boehringer Ingelheim, Bayer HealthCare and Baxter in India The Examined Companies How Good are the Drugs Supplied by these Companies? What about Access? Drug Treatment in the NGO, Private and Public Sectors Research and Patents Marketing and Business Behaviour Conclusion Trends and Prospects for India as a Global Generic Player Introduction Regulatory Status of India in World Generics Markets India’s Bilateral Trade in Pharmaceutical Products Outlook for the Indian Pharmaceutical Industry TRIPS and the Future of the Indian Pharmaceutical Industry Conclusion The Indian Patent Law and Access to Antiretroviral Drugs in Sub-Saharan Africa TRIPS and Public Health Compulsory Licensing Parallel Imports The Scope of Patentability Indian Patent Law African Patent Laws The Impact of the Patent Status in India on Access in Sub-Saharan Africa Lacking Access to Patented Radical Innovative Antiretrovirals Patents Matter Accessing Medicines in Developing Economies Intersection between IPRs and Competition Law Refusal to Licence Pharmaceutical Patents in South Africa Some Considerations Abbott’s Withdrawal of Medicine Registration Applications in Thailand Exclusive Distribution and the High Prices of Medicines in Vietnam Indian Perspective Concluding Remarks The Politics of AIDS Treatment in Brazil Introduction The Strategy of Local Generic Production Challenges to the Sustainability of an Inclusive AIDS Treatment Policy Restricting Patent Rights to Reduce ARV Costs Conclusions Financing Pharmaceutical Research and Development: Alternatives to the Patent System Problems with the Patent System Alternative Mechanisms for Financing R&D Conclusion Post-script Glossary