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The Analyst Magazine:
Intellectual Property Rights : A Bitter Pill
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Effective enforcement of drug patent regime not only serves as an incentive to research and innovation, but also prevents spurious products from harming the society. While it is important to make life-saving medicines affordable to the poor, it should not be used as an excuse to undermine the Intellectual Property Rights.

 
 
 

Starting from 2001, every year, the 26th of April—the date on which the Convention establishing World Intellectual Property Organization (WIPO) originally entered into force in 1970—is observed as the World Intellectual Property (IP) Day. The aim behind the observance of the day is to "to raise awareness of how patents, copyright, trademarks and designs impact on daily life; increase understanding of how protecting IP rights helps promote creativity and innovation; celebrate creativity, and the contribution made by creators and innovators to the development of societies across the globe; and encourage respect for the IP rights of others." And each year is dedicated to promote one IP-related theme. If it was "encouraging creativity" in 2007, it is "celebrating innovation and promoting respect for IP", this year.

However, celebrating innovation and promoting respect for IP is not without its fair share of controversy, especially when it comes to drug patents. For pharmaceutical industry, innovation and research provide the sustenance. However, innovation and research can flourish only in an environment which guarantees protection and incentive. In other words, research and development need huge investments, which can be attracted only when there are prospects for long-term returns. And, such an environment can be created only when there is a strong IP regime in place.

But there has been a sustained global campaign led by public health activists from the developing countries, such as Brazil, India, Indonesia, Malaysia, China, Cambodia and Thailand, to undermine the present IP regime. These activists are of the opinion that drug patents only serve to increase the costs of important medicines for the world's poor, and so seek to break the monopoly of pharmaceutical giants over life-saving medicines. They argue that the current patent regime only helps in facilitating control of innovations by the pharmaceutical companies from the developed world and allows them to exert control over the patented drugs.

 
 
 

The Analyst Magazine, World Intellectual Property, Pharmaceutical Industry, Healthcare System, Indian Patents Act, Health Policies, Multinational Corporations, MNCs, Patented Drugs, World Intellectual Property Organization, WIPO, Trade Related Aspects of Intellectual Property Rights, TRIPS.