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India's Patent Reforms Force Change


The World Trade Organisation's (WTO) intellectual property agreement has signalled a significant change in India's pharmaceutical industry. India has agreed to recognise pharmaceutical patents by 2005, encouraging firms to switch their efforts from producing generics, and actively engage in research and development of their own.

This is evident in the alliance between the German company Bayer and one of India's major players, Ranbaxy. Ranbaxy is developing a new and patentable dosage form of Bayer's antibiotic Ciprobay (ciprofloxacin) before patent expiry. Similarly, another leading Indian firm, Cipla, has developed a new dosage form of AstraZeneca's anti-ulcerant Losec.

A major development has been the work carried out by Indian companies on developing entirely new molecules - one such company is Dr Reddy's Laboratories, which has several original molecules in its pipeline.

Dr Reddy's has collaborated with Danish company Novo Nordisk on two products, both for diabetes and related illnesses. Novo Nordisk is testing these products in clinical trials, with the first product potentially on sale by 2005. Likewise, Ranbaxy is conducting patient trials on a new molecule to treat enlarged prostate glands in ageing men.

To support developments of this kind the Indian government is providing a range of tax concessions designed to encourage R&D, including a ten-year tax holiday on income arising from R&D. The aim is to at least double the domestic pharmaceutical industry's level of R&D expenditure, which is low by international standards, by 2005.

There is also the expectation that the new tax regime will attract inward investment by multinationals, which would benefit Indian academic institutions, CRO's or their own subsidiaries.

A pioneer of new product R&D has been Dr Reddy's which, in 1993, started a major R&D effort by expanding activities in India and setting up a US base. Though the company has increased its R&D budget this year by 20% to around US$3.5 million, the expenditure is still small in comparison to Western counterparts.

Indian companies have been known to put the cost of developing a novel drug delivery system at less than £1 million due to India's cost advantages in research and development.

Company
Sales US$m
Top Therapeutic Classes
Cipla
110-120
J1 antibiotics systemic & R3 bronchodilators
Glaxo India
90-95
A11 vitamins & D7 corticosteroids topical
Lupin
80-85
J1 antibiotics systemic & J4 antimycobacterials
Ranbaxy
80-85
J1 antibiotics systemic & A11 vitamins
Hoechst Marion Roussel
70-75
A10 antidiabetics & J7 vaccines
Pfizer
70-75
A11 vitamins & R5 cough & cold therapies
Alkem
65-70
J1 antibiotics systemic & B3 antianemics
Knoll (BASF)
65-70
A10 antidiabetics & M1 antirheumatics systemic
Cadila
60-65
J1 antibiotics systemic & A2 antiacids
Dr Reddy's Laboratories
50-55
J1 antibiotics systemic & A2 antiacids

Source: Pharmaceutical Company Directory

The above table lists the top ten companies operating in India using company information from the publication Pharmaceutical Company Directory (PCD). PCD sales figures represent a sales range for the company in India only, for the 12 month period ending June 1999, and are derived from data processed for IMS HEALTH's MIDAS service. Of the ten companies, the majority are domestic Indian manufacturers with a high proportion of their revenues arising from sales of antibiotics.

The Indian Patent Act of 1970 provides only seven years of process patent protection for pharmaceuticals, providing a huge opportunity for the domestic industry to produce generics. The lack of product patents has deterred investment from many foreign companies as the lack of protection can cost the originators US$500 million annually.

Under the 1994 WTO Trade-Related Intellectual Property aspects (TRIPs) agreement, India has a maximum of ten years to bring its patent laws into compliance, which will involve recognising product patents and extending the patent protection period to 20 years.

IMS HEALTH's Pharmaceutical Company Directory contains details on over 160 companies operating in the Indian market, with a worldwide coverage of 5,400 companies in over 70 countries.

In depth healthcare environment information on the Indian market can be obtained from IMS HEALTH's Pharma Prognosis Asia 2000-2004.

Patent information on over 1,200 commercially significant compounds can be found in IMS HEALTH's publication Patents International.
See Also:
Foreign Investment in India Set to Increase
Asian Markets to Rebound in 2000-2004
External Links:
Cipla - Ranbaxy - Dr Reddy's Laboratories
Copyright IMS HEALTH, 16 June 2000













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