Biopharmaceuticals: can India have its cake and eat it?


There has been much debate about whether there is a global deterioration of IP, and many commentators would suggest that India is leading the charge. Andrew Jenner and Ernest Kawka reflect on the experiences of innovative biopharmaceutical companies in India.

In late 2011, India adopted a National Manufacturing Policy to boost gross domestic product from 16 percent to 25 percent by 2022. The policy aims to aggressively increase domestic manufacturing capacity, especially in high technology areas.

One mechanism to achieve this goal is by adopting measures that “ensure access for Indian companies to foreign technologies” by “leveraging the strength of India’s large market”. The official policy further elaborates that one way to ensure access to foreign technologies requires India to overhaul its IP regime “to enable more collaborative innovation.”

During the 2012 general assemblies of the World Intellectual Property Organization (WIPO), India proclaimed that “while fully recognising the importance of IP rights for innovation—diffusion of technology also merits serious consideration.”

India, biopharma, deterioration of IP, biopharma innovation, compulsory licences