INTELLECTUAL PROPERTY EVOLUTION AN EFFECTIVE TOOLS IN STRENGTHENING INDIAN HEALTHCARE SECTOR
Prof. Stafard Anthony
Department of Management, St. Paul Institute of Professional Studies, DAVV, Indore, India Ms. Sunaina Lashkari
Ph.D. Scholar, Institute of Management Studies DAVV Indore, MP Abstract –
Purpose– The purpose of this paper is to empirically examine evolution of Intellectual property rights as an effective tool in strengthening Indian healthcare sector
Design/methodology/approach– An exploratory study was conducted A good quality of paper covering the scenario comprehensively was lacking. This paper is an effort to fill this gap. The authors conclude that there is a great scope and potential for the business and market Intellectual property rights for healthcare Industry .The sources of secondary data are newspaper. Magazines, e-journals, research paper, WHO’s& IRDA statistics Tables, graphs and photographic images taken from WebPages or websites of international Statistics department
Keywords: Intellectual Property Rights, Healthcare Sector, Patent.
1 INTRODUCTION
Intellectual property refers to “intangible rights are protecting the products of human intelligence and creation,” according to The Free Dictionary’s legal section. Essentially, the intangible property requires a different and more complex set of rules regarding theft and ownership since these lines. Broadly this can be categorised as creations and innovations like : inventions which are subject matter of Patents; device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof, which are subject matter of Trademarks; works of literature, art, music, films, dramatic works, sound recordings, broadcasts, software, which are subject matter of Copyrights; novel and aesthetic features or appearance of a product or part thereof, which are subject matter of Designs; and also other creations of mind that are subject matter of trade secrets, and other forms of exclusive rights in intangible property. Intellectual Property protection is a crucial aspect in the field of healthcare. The current healthcare field is undergoing significant changes at the turn of the decade. Many of these are based on recent technological advances and reflect an increasing trend towards personalized medicine. Given the amount of research directly affecting the healthcare sector, intellectual property (IP) law becomes a significant player on the scene. Patenting is a huge aspect of biotech and medical research, increasing the incentives for innovation and production. Still, other IP areas are also crucial in the business model of most healthcare- related businesses.
2 LITERATURE REVIEW
The fight for IP realisation began in the early 1990s, when reports of counterfeiting and illegal acquisition of traditional knowledge, such as theft of indigenous knowledge harming the rights of rightful custodians, surfaced. Following that, substantive legislation and procedural mechanisms were created to regulate the evolving IP protection environment.
Laws governing intellectual property rights were enacted as foundation of a well-balanced system. IP has evolved significantly in the last 20 years to meet national health and international trade commitments. Despite these efforts, large segments of the populace lack a basic understanding of intellectual property rights (IPR). India's research output is shown in a bibliometric study of data from 2009 to 2014. (Figure 6a). Comparative innovation capabilities by IP protection quotient for 2010–15, on the other hand, emphasise the necessity for mass sensitization. The government amended the Patents Act of 1970 in 1999, 2002, and 2005 to conform with the Commerce-Related Aspects of Intellectual Property Rights (TRIPS) standards, encourage multilateral trade, and put public health first. TRIPS' duty caused significant obstacles in the public sector. As a result, appropriate low-cost generic medications are unavailable to the general populace. The 2005 Amendment made the Indian patent law TRIPS-compliant by establishing the product patent system for
Vol. 06, Special Issue 04, (ICESD-2021) June 2021 IMPACT FACTOR: 7.98 (INTERNATIONAL JOURNAL) pharmaceuticals, but by adopting Sections 3(d) and 3(e), the grounds for patentability were tightened and the phenomena of ever greening was limited. Section 3, which defines what is non-patentable and introduces constraints on the scope of faked patentability (Section 3(d) by defining therapeutic efficacy), was improved in terms of rigour and clarity.Section 3, which includes provisions for compulsory licencing (Sections 84-94) and pre-grant and post-grant oppositions (Section 25), ensures that pharmaceutical patent filing and maintenance systems are thoroughly scrutinised, benefiting the Indian generic business.
Many significant government decisions have been made in the last decade with the goal of conserving traditional knowledge, regulating monopolies, and making healthcare solutions more accessible. In addition, numerous patents have been rejected because to ineffectiveness (Section 3: Novartis–Glivec case). This suggests that the government has taken a tough stance against forged industrial documents in order to provide domestic players with a level playing field. In India, the current IP system achieves a compromise between increasing innovation capacity and promoting pharmaceutical industries. The Indian healthcare sector has been growing at a double-digit pace of 14 percent for the past decade, and is predicted to increase at a pace of 21 percent in the next decade, thanks to privatisation, access to the rural market, and the incorporation of modern technologies49.
It is undergoing a metamorphosis by widening its services through technology, deliverables, and emerging applications, as evidenced by the centre and states spending 1.3 percent of GDP on healthcare in 2015–16. (ref. 50). There is projected to be an increase in demand for high-end medications and advanced medical technologies. Increasing socio-economic inclusion of rural and deprived in mainstream economy, healthcare penetration in tier II and III cities, evolving customer landscapes, changing regulations, shifting market, and changing attitude towards preventive healthcare are some of the factors that have encouraged manufacturing and innovation.
3 RESEARCH METHODOLOGY
OBJECTIVES-This is a secondary data based descriptive study. The main objectives of the study are –i) To study the Intellectual Property right pattern in India and other countries ii) To study the market share of Intellectual Property rights worldwide iii) To study the present scenario of Intellectual Property rights in India. A holistic paper on Intellectual Property rights scenario in India is lacking making this effort rational and necessary. The sources of secondary data are newspaper. Magazines, e-journals, research paper, WHO’s& IRDA statistics Tables, graphs and photographic images taken from WebPages or websites of international. statistics department Some of important findings in health sector are as follows
4 FINDINGS
1. Categorization of IPR practices in India
Chart-1.0- Showing categorization of IPR Practises practised in India
IPR in India
Patent
Trade Mark
Copyrig ht Utilitie
model Design Geogra
phical Indicati
on
Trade
Secretes
2 Comparative Market share of IPR worldwide
Source- Chart-2.0- Showing comparative distribution of IPR Market Share worldwide Observation-The chart shows that India is on last second position of worldwide economy in IPR market also lagging behind most of the nation
3 Comparative Chart on Total patent application and Grant in 2017
Indian Application filled for Patent in 2018-19 0
5 10 15 20 25 30
Axis Title
Axis Title
Chart Title
Thailand India Vietnam Aargentina Nigeria Brazil Ukraine UAE
0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 1800000 2000000
China US Japan European India
Total Patent Grants in 2017 Total Patent Applications in 2017
557
336
239 202 173
Chart Title
IIT's Combined Chandigharh University
TCS Council of Industrial Research(CSIR)
Bharat Heavy Electricals (BHEL)
Vol. 06, Special Issue 04, (ICESD-2021) June 2021 IMPACT FACTOR: 7.98 (INTERNATIONAL JOURNAL) 5 CONCLUSION
Evidently, intellectual property law plays a significant part in the healthcare industry.
Although copyrights and trade secrets may be less applicable in most cases, trademarks and patents are important factors in a field that relies so much on research and invention.
Couple that with the fact that global healthcare spending is expected to exceed $10 trillion by 2022, and it makes sense why inventors are keen to get into the market and protect their intellectual property.
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