Future of Generic Drugs and India’s Interest

The present framework has incorporated the TRIPs agreement whose major provisions are based so as to protect the interest of western countries as well as to protect their industrial as well as economic interest in the developing and least developed countries. This paper is an attempt to analyze the effect of the TRIPs obligation on Indian pharmaceutical companies and its beneficiaries. Generic drugs which were easily available in Pre-TRIPs era are under threat in the name of New Patent Regime. The main threat under new system is: high pricing of patented drug which is the primary socio-economic issue in the area of health. The Indian government tried to mitigate the situation to some extent by making an amendment in Section 3(d) of the Indian Patent Act, 1970. The authors have tried to highlight the scope, applicability and effectiveness of Section 3(d) in the current situation. Whether the government will be able to deal with the situation by solely relying on the current patent regime? In India, health being the main concern would necessarily require more sincere efforts on part of the Government to provide a conducive environment for the research and development to face the challenges of Post-TRIPs effect on pharmaceutical industry