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Patent Reform in India: The Battle over Making Medicines Affordable

Presented by Dr. Jakkrit Kuanpoth

Abstract:

The paper examines one of the most controversial current intellectual property (IP) topics - that of pharmaceutical patent rights. It will examine the current patent law, policy and impact of the legal protection of pharmaceutical innovations in India to other developing countries. India is the only country in the developing world that is close to achieving self-sufficiency in the production of pharmaceuticals. In the pre-TRIPS era, India did not recognize product patents; only processes underlying products were protected. India’s IP rights regime left local firms free to undertake production of drugs that were patented abroad so long as they could reverse-engineer them on their own. As a result, there was room for local entrepreneurs to utilise their innovative skills and this led to the emergence of an industry that has come to occupy a central place in the global economy as supplier of generic medicines for much of the developing world. The paper examines major issues under the Patents Act 1970 as amended in 2005 (the Patents (Third Amendment) Act 2005) that helped transforming India into a world leader in generic drug production. The issues examined in this paper include: scope of patentability, patentable subject-mattes, and term of protection. Attempts will also be made to explore the possible implications of the newly introduced patent regime for the pharmaceutical sector in India and for public health in other countries.

Speaker:

Before joining the University of Wollongong as a senior lecturer, Dr. Jakkrit Kuanpoth was an Associate Professor and taught at the School of Law, Sukhothai Thammathirat Open University, Thailand, for over 15 years. He holds a Thai law degree and was admitted to the Thai Bar as a barrister-at-law. He also holds an LLM in International Economic Law from the University of Warwick, England. He wrote his PhD thesis at the University of Aberdeen, Scotland, on A Comparative Study of Patent Protection in the field of Pharmaceuticals. Dr. Kuanpoth has extensive experience in international trade law, intellectual property law, and issues surrounding pharmaceutical and public health. He has authored and co-authored books, book chapters, reports and monographs in the area of intellectual property law. His two books on Thai and international intellectual property law are well recognized and widely used as text books for undergraduate and postgraduate studies throughout Thailand. In addition, he has written a number of journal articles, for both Thai and international journals.

For further information contact:

Dr Nadirsyah Hosen
Lecturer
Faculty of Law
University of Wollongong
NSW Australia
Email: hosen@uow.edu.au
Phone: +61 2 4221 4192
Fax: +61 2 4221 3188