Possible Impact of Trips on Indian Health Care System

Abstract: Rapid advancement in science, new breakthroughs in bio-technology, growing participation of the private sector in the cost intensive research and development and rapid adoption of results of scientific innovations to the local environment have triggered developed nations to seek stronger protection for their innovations across the globe. Trade Related Aspects of Intellectual Property Rights (TRIPS) were brought in with purpose of universalizing the standards of Intellectual Property Rights of developing countries on par with the developed countries. According to the TRIPS agreement, patent shall be granted for any inventions, whether products or processes, in all fields of technology provided they are new, involve an inventive step and are capable of industrial application without any discrimination to the place of invention or to the fact that products are locally produced or imported.1-3 Accordingly, now patents will have to be granted in all areas including pharmaceuticals and the effective period of protection is for twenty years from the date of filing the application. With the implementation of TRIPS agreement by most of the developing countries from 1 January 2005, a stronger patent regime or product patents are in-force on pharmaceutical innovations among the member countries of the World Trade Organisation. In TRIPS era the granted patent is applicable to all the member countries and thus rules out all the differences in the protection terms prevailed in different countries; patents are granted irrespective of the fact whether the drugs were produced locally or imported from another country; though the grant of the patent excludes unauthorized use, sale or manufacture of the patented item, yet there are clauses which provide manufacturing or other such rights of the patented item to a person other than the patent holder.

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