A bitter pill to swallow

Sudhir Chowdhary

Posted: Monday, Aug 31, 2009 at 2329 hrs IST
Updated: Monday, Aug 31, 2009 at 2329 hrs IST


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: Global pharmaceutical majors are not getting healthy indicators from the $8 billion domestic pharmaceutical market, especially on the intellectual property (IP) and data protection front. A string of high-profile cases in various Indian courts during the past two months have prevented them from getting patents on their drugs.

These rulings have helped Indian drug companies as they can launch generic versions of the blockbuster drugs. Global firms like Novartis, Bayer, Roche and Braun Melsungen blame their woes on the country’s ambigious patenting system. Pharmaceutical majors are already talking of delaying the launch of their blockbuster drugs in the country. Pharmaceutical outsourcing could take a hit and pharmaceutical companies might be reluctant to outsource their drug discovery and development work to India.

Can this threaten India’s promising position in the realm of contract research and manufacturing and drug discovery space? By 2010, global contract research and manufacturing market (CRAMS) is expected to reach around $66 billion from $51 billion at present, when Indian CRAMS market will be around $3.8 billion with CAGR of 51%. Similarly, global drug discovery and development services market is valued at $18 billion and is projected to grow with an estimated CAGR of 17% over 2007-2010. Here again, India is emerging as a hot spot, growing at 65%, that is more than three and half times the global growth rate.

“Global pharmaceutical majors are a worried lot these days. On the one hand, they cannot afford to ignore a lucrative market like India. On the other hand, they are dismayed by the reverses suffered with respect to patents on their drugs. However, I feel that they need not despair as the IP climate in the country is improving, though at a slow pace,” says Arvind Lal, chairman and managing director, Dr Lal Path Labs.

There are at least three instances where patents to global pharmaceutical majors have been ruled out. Recently, German pharmaceutical major Bayer Healthcare was prevented from getting patents for its kidney cancer drug, Nexavar. The Delhi High Court dismissed its application, which sought to prevent Cipla from introducing the generic version of the drug. To add to their woes, the court also asked Bayer to cough up Rs 6.75 lakh as legal cost to the government and Cipla. The domestic drug major can now sell its generic drug not only in India, butalso in other countries where Bayer has no patent. Disappointed on the outcome,...

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