Availability, Affordability and Accessibility to Patented and Generic Medicines for Treating Life Threatening Diseases in India: An Assessment

Abstract

India's obligations under the TRIPS regime have at times rendered the availability, affordability and accessibility to the medicines essential for the treatment of life threatening diseases a nightmare. Strictly watching out against the ever greening of the patented medicines, Indian law also makes scope for the grant of compulsory licences for patented medicines under certain circumstances. Supreme Court of India has out rightly stamped validity on the compulsory licence regime and has ruled against the ever greening tactics of the strong patent owners. Despite these sincere endeavours, at times, it becomes difficult for the poverty ridden Indian population to afford most of the medicines meant for treating life threatening diseases like cancer, HIV/AIDS and hepatitis C etc mostly due to the patents granted to these medicines. Amidst this scenario, this research paper attempts to examine and elaborate the issues pertaining to availability, affordability and accessibility to the medicines mandatory for the treatment of life threatening diseases like cancer, HIV/AIDS and hepatitis C. It tends to focus on the Indian pharmaceutical sector and the major health issues in India; examines the life threatening diseases affecting the Indian population; sheds light on the pricing policies of the patented and the generic medicines required for the treatment of the life threatening diseases and recommends the efforts required for improvising the situation keeping in mind the health needs of the Indian population.