In Short:

The 1995 Trade Related Intellectual Property Rights Agreement (TRIPS) increased the likelihood of strong patent protection in India, and drugs under the TRIPS regime face significantly less competition.

Abstract

Like many developing countries, India did not allow pharmaceutical product patents before
1995, when the World Trade Organization’s TRIPS (Trade-Related Aspects of Intellectual
Property Rights) agreement came into force. India’s conformity to TRIPS generated widespread
concerns about restricted competition and access to medicines. Because of transitional provisions,
however, TRIPS did not immediately affect all drugs approved after 1995. We show that
drugs fully treated by TRIPS receive strong protection and face less competition.

About the author

Bhaven Sampat

Professor, School of Government and Policy and Carey Business School

Bhaven N. Sampat is an economist focusing on the economics, law, history, and political economy of science and technology.