Shelstons IP – Generics and innovators – saying I Do and doing battle

Dr Anuradha Moulee and Dr Jacinta Flattery-O’Brien of Shelstons IP discuss how, arguably, the opening of the Indian economy and India’s Patents (Amendment) Act 2005 has had a most significant impact in the area of pharmaceuticals. With the new regime, the $8 billion Indian pharmaceutical industry has been forced to adapt and recast its business models. According to Dr Anuradha Moulee and Dr Jacinta Flattery-O’Brien, the introduction of product patents has provided a fresh impetus to domestic research programs whilst firms continue to leverage on existing product portfolios which are centred on generics. It is a time of foreign investment, simultaneously Indian companies are aggressively pursuing global opportunities. With an unprecedented number of mergers, acquisitions, alliances and increased litigation in recent years, making sense of developments is no easy task. Dr Anuradha Moulee and Dr Jacinta Flattery-O’Brien looks at some recent developments that indicate that generics and innovators are increasingly co-existing even whilst older combative positions persist.

Dr Anuradha Moulee and Dr Jacinta Flattery-O’Brien conclude that, with a GDP growth rate of 9.0% for the fiscal year 2007-2008, India remains the second fastest growing emerging economy in the world and pharmaceuticals remain one of the strong sectors of
growth. The industry has unprecedented opportunities for both foreign and local companies and yet must operate in an environment where access to medicines at a reasonable price may well determine political fortunes. All this makes for a volatile climate with opportunities and risks for pharmaceutical businesses.

Shelstons IP – Generics and innovators – saying I Do and doing battle