India's Court Backs Generics in Key Drug Patent Ruling

Cheap generic drugs will be protected, groups claim, in a market that is predicted to hit $74 billion in 2020.

The Generic Market in India

India's huge generic drug industry has been a major supplier of vastly cheaper copycat medicines to treat diseases such as cancer, TB and AIDS for those who cannot afford expensive branded versions across the developing world.

The copycat drugs industry, which supplies one-fifth of the world's generics, grew into a powerhouse because the country did not issue drug patents until 2005 when it began complying with World Trade Organisation rules.

Only Argentina and the Philippines have legislation similar to India stipulating that medicines can only receive patents if they are novel, Grover told a news conference.

"Only 25% of patents in the West are awarded for breakthrough drugs. This judgment should encourage companies to look for genuine innovations," MSF's Menghaney said.

She said the ruling might only be a "breather" as campaigners fear a new India-European Union free trade deal expected to be struck this month could contain intellectual property clauses restricting generic drug makers.

Global drugmakers say India's generics industry reduces commercial incentives to produce cutting-edge medicines.

-Penny MacRae, AFP

Copyright Agence France-Presse, 2013

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