Title: Implications of Indian IP policy on patenting activity of pharmaceutical multinational corporations in India

Authors: P. Venkataraman; Gauri Bhagwat; Vasanti Deshpande; Kavita Lanke

Addresses: CSIR-Unit for Research and Development of Information Products (CSIR-URDIP), 'Tapovan' S.No. 113 and 114, NCL Estate, Pashan Road, Pune-411008, Maharashtra, India ' CSIR-Unit for Research and Development of Information Products (CSIR-URDIP), 'Tapovan' S.No. 113 and 114, NCL Estate, Pashan Road, Pune-411008, Maharashtra, India ' CSIR-Unit for Research and Development of Information Products (CSIR-URDIP), 'Tapovan' S.No. 113 and 114, NCL Estate, Pashan Road, Pune-411008, Maharashtra, India ' CSIR-Unit for Research and Development of Information Products (CSIR-URDIP), 'Tapovan' S.No. 113 and 114, NCL Estate, Pashan Road, Pune-411008, Maharashtra, India

Abstract: The situation created after the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and compulsory licensing may have an impact on pharmaceutical multinational corporations (MNCs) patent filing trend in India. So, there is a need to understand the impact of intellectual property (IP) policy change in the patenting trend of pharmaceutical MNCs in India. There are no studies on the patenting trend of pharmaceutical MNCs in India specifically to their disclosed treatable diseases and product and process patent types. This study is based on patinformatics and information analysis, to establish the implications of Indian IP policy on patenting activity of pharmaceutical MNCs in India. This study correlates pre and post TRIPS patenting trend of pharmaceutical MNCs in India. This study finds that after an amendment of Indian Patent Act in compliance with TRIPS norms, MNCs have filed a number of patents in India. This study concludes that Indian pharmaceutical companies can devise the R&D strategy to alter the product by keeping a close watch on MNCs' patent filing activity on product as well as the process in other territories; this will give them a competitive edge over the global players.

Keywords: TRIPS; pharmaceutical MNCs; multinational corporations; cancer; tumours; AIDS; HIV; tuberculosis; malaria; arthritis; osteoporosis; compulsory licensing; intellectual property rights; IPR; India; IP policy; patenting activities; patents; patent filing.

DOI: 10.1504/IJIPM.2015.076541

International Journal of Intellectual Property Management, 2015 Vol.8 No.3/4, pp.249 - 266

Received: 19 Oct 2014
Accepted: 23 Jun 2015
Published online: 12 May 2016 *

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