LSE - Small Logo
LSE - Small Logo

Keith McDonald

August 12th, 2015

Drug patenting in India – Ken Shadlen

0 comments

Estimated reading time: 5 minutes

Keith McDonald

August 12th, 2015

Drug patenting in India – Ken Shadlen

0 comments

Estimated reading time: 5 minutes

pharmaceuticals

Kenneth C. Shadlen and Bhaven N. Sampat, ‘Drug patenting in India: Looking back and looking forward’, Nature Reviews Drug Discovery, 14: 519-520. DOI: 10.1038/nrd4681

Professor Ken Shadlen
Professor Ken Shadlen

This open-access article is one of a series of papers Bhaven Sampat and I are writing as part of our ESRC-funded research on pharmaceutical patenting in the developing world.

In this paper we sought to contrast two different explanations for patterns of patenting in India. The details are in the article, but thinking about it broadly one can think, on the one hand, about the day-to-day functioning of the country’s patent system, as driven by India’s patent law and the behavior and practices of officials in the patent office.

One can also think, on the other hand, about transitional decisions made 20 years ago as India was accepting its new global obligation as a member of the World Trade Organization (WTO) to grant pharmaceutical patents.

Both of these sets of factors affect current patterns of patenting, but they are different in all sorts of important ways. How the patent office functions on a day to day basis can be altered with legal and administrative changes (hence the considerable pressures on the Indian government to revise the patent law).

The decisions made in the 1990s, in contrast, cannot undone and be re-made now, but their effects will diminish over time.

In the paper we undertake a straightforward empirical exercise to draw attention to the importance of the transitional decisions made in the 1990s. We underscore why the effects of these decisions will diminish as the 1990s recede further and further into the past, and we discuss how the relationship between these two sets of issues is likely to change over time.

Thankfully Nature Reviews Drug Discovery has made the full text of the article and the supplementary information freely available.


Related Posts

Shivaji Market (Image credit, Jonathan Goffe, via Flickr: https://www.flickr.com/photos/jonathangoffe/5369798751/)

About the author

Keith McDonald

Posted In: Featured | Publications

Leave a Reply

Your email address will not be published. Required fields are marked *

RSS Justice and Security Research Programme

  • JSRP and the future
    The JSRP drew to a close in 2017 but many of the researchers and partners involved in the programme continue to work on the issues and theories developed during the lifetime of the programme. Tim Allen now directs the Firoz Lalji Centre for Africa (FLCA) at LSE where many of the JSRP research team working […]
  • Life after the LRA
    The JSRP reached the end of its grant in spring 2017 but several outputs from the programme are scheduled for publication in the coming months. The most recent of these is a new journal article from Holly Porter and Letha Victor drawing on their extensive research with JSRP in the Acholi region of northern Uganda.  The […]

RSS LSE’s engagement with South Asia

  • Four Stylised Facts about Covid-19 Impacts in Sri Lanka
    The Covid-19 pandemic has wreaked havoc for economies worldwide, and smaller countries have been hit particularly badly. Sri Lanka’s economy was already under stress but was slowly moving in the right direction when the combined effects of the pandemic on public health and the economy has dealt a severe blow. Ganeshan Wignaraja suggests possible ways […]
  • Bangladesh @ 50: Challenges to Inclusion
    While we celebrate Bangladesh’s achievements in economic growth and poverty reduction, a growth-focused strategy does not serve Bangabandhu’s vision for an egalitarian society as it excludes and neglects many citizens. As Bangladesh’s economy thrives, Mathilde Maitrot and Joe Devine’s research finds there are persistent pockets of extreme poverty, some of which are getting worse, and […]