NISCAIR Online Periodicals Repository Collection: JIPR Vol.17(5) [September 2012]

Drug Prices - How Much is too Much?

Wed, 29 Aug 2012 22:58:59 GMT

Title: Drug Prices - How Much is too Much?

Authors: Nair, Manu S

Abstract: Rising healthcare costs have made drug pricing a controversial issue worldwide. ‘How much is too much’ is a question that is consistently asked in this context. While there are several factors contributing to rising drug prices, strong intellectual property (IP) laws and the efforts of private sector to monetize such IP are widely blamed for such outcome. Hence, it is important to have an open discussion on this topic to analyse whether such blame is justified. An effort is made herein to perform a concise business review to shed light on the market realities around drug pricing and the important role that a strong IP landscape plays in driving innovation, quality and sustained growth of healthcare economy.

Page(s): 497-500

Pharmaceutical Business Strategy: A Generics Perspective

Wed, 29 Aug 2012 22:58:59 GMT

Title: Pharmaceutical Business Strategy: A Generics Perspective

Authors: Thakur, Vikram Pratap Singh; Ramacha, Supriya

Abstract: With most blockbuster drug patents facing patent expiries, there is the threat of generic equivalents pervading and diluting the innovator market. This patent cliff is not only making the market more attractive to the established generic drug makers, but is also inviting innovators’ interest in generic expansion. This article discusses the generic product entry routes in different jurisdictions (US, Europe and India) in the light of the nuances in legal provisions. It focuses on the various levels available for the entry of generic drug products such as safe entry, at-risk entry or by exploring licensing options. The article further discusses some strategies employed by innovator companies in order to extend the commercial benefit over a drug even beyond the term of the patent or related exclusivity. It discusses various business tactics employed by innovator companies such as development of follow-on drugs, creation of patent clusters, authorized generics, extensive branding and marketing, which help to delay or disincentivise the generic drug launch.

Page(s): 484-496

IP Strategy for Drug Discovery: A Dedicated Research Firm’s Perspective

Wed, 29 Aug 2012 22:58:59 GMT

Title: IP Strategy for Drug Discovery: A Dedicated Research Firm’s Perspective

Authors: Radhakrishnan, Vinita

Abstract: Even though, dedicated research firms rely heavily on the strength of their intellectual property (IP) to strike a favorable licensing deal, they seldom have the bandwidth to maintain a dedicated IP team to strategize the IP in a fashion which would enable them to reap the maximum value from the IP generated. The article discusses how to approach the issue of designing an IP strategy from a dedicated research firm point of view.

Page(s): 478-483

Does India Need Digital Rights Management Provisions or Better Digital Business Management Strategies?

Wed, 29 Aug 2012 22:58:59 GMT

Title: Does India Need Digital Rights Management Provisions or Better Digital Business Management Strategies?

Authors: Scaria, Arul George

Abstract: The Copyright (Amendment) Act 2012 has introduced some digital rights management (DRM) provisions in the Indian Copyright law. While a comparative analysis of the new DRM provisions with similar legislation in the US and the EU shows a relatively better approach that reduces the detrimental effects posed by DRM provisions, the critical question that this study poses from a law and economics perspective is whether India really needs such legislation. The study argues that the new DRM provisions are against the interests of India for three major reasons. First, the legislature has adopted the legislation without engaging in a proper cost-benefit analysis of the DRM provisions in India. Second, the nature of piracy in India currently does not warrant such legislation. Third, the new DRM provisions will create a para-copyright regime, defeating some of the basic objectives of copyright protection. The study argues that the need of the time is better digital business management strategies and a better enforcement of the rights already guaranteed under the copyright law, rather than adoption of new DRM provisions under the copyright law.

Page(s): 463-477