Reports
Discussion Papers
No.057 Indian Patent Policy and Public Health: Implications from the Japanese Experience
by AOKI Reiko, KUBO Kensuke and YAMANE Hiroko
March 2006
ABSTRACT
The
introduction
of
pharmaceutical
product
patents
in
India
and
other
developing
countries
is
expected
to
have
a
significant
effect
on
public
health
and
local
pharmaceutical
industries.
This
paper
drawsimplications
from
the
historical
experience
of
Japan
when
it
introduced
product
patents
in
1976.
In
Japan,
narrow
patents
and
promotion
of
cross-licensing
were
effective
tools
to
keep
drug
prices
in
check
while
ensuring
the
introduction
of
new
drugs.
While
the
global
pharmaceutical
market
surrounding
India
today
differs
considerably
from
that
of
the
1970's,
the
Japanese
experience
offers
a
policy
option
that
may
profitably
be
considered
by
India
today.
The
Indian
patent
system
emphasizes
the
patentability
requirement
in
contrast
to
the
Japanese
patent
policy
which
relied
on
narrow
patents
and
extensive
licensing.
R&D
by
local
firms
and
the
development
of
local
products
may
be
promoted
more
effectively
under
the
Japanese
model.
Keywords:
public
health,
pharmaceutical
industry,
industrial
policy,
intellectual
property
rights,
patent
law,
India,
Japan
JEL
classification:
I11,
I18,
L50,
L65,
O10,
O14,
O31,
O34
Please note that discussion papers are works in various stages of progress and most have not been edited and proofread and may contain errors of fact or judgment. Revised versions of these papers may subsequently appear in more formal publication series. The views expressed in this publication are those of the author(s). The IDE does not guarantee the accuracy of the data included and accepts no responsibility for any consequences arising from its use.