BIO
Tat’s a double-edged sword, but does at least hold out the promise for BIO of making local partnerships that may work as leaders for the rest of the country.
One particular challenge in India is exemplified by the recent Nexavar compulsory licence case in which local company Natco won a compulsory licence to sell Bayer’s cancer drug. “In a nutshell, there are ostensibly some benefits in this narrow disease area, that the Indian government was pursuing by issuing that compulsory licence,” Damond says. “What they don’t seem to have taken into account is that in exchange for that, there was a strongly negative perception created for the global industry, in terms of India as a place to do business. And it’s not just the biotech industry, but any industry involved in global innovation.” Te question is, was the Indian
“THERE WAS A STRONGLY NEGATIVE PERCEPTION CREATED FOR THE GLOBAL INDUSTRY, IN TERMS OF INDIA AS A PLACE TO DO BUSINESS.”
government considering all the implications of that policy?
“Tere were better alternatives to pursuing that course,” Damond argues. “India took a blow in terms of the international media and our internal member companies. Had they seen the full ledger of the pros and cons, I think they might have taken a different course. But that’s exactly the problem—people didn’t care about the broader perspective and were only looking at it narrowly.”
Te answer lies in making the IP issue real in India and having a dialogue about what is really at stake. “As more Indian companies develop IP and have a stake in it globally, that will have some influence over policy. But the other thing is to try and have a dialogue with government about the cost benefits,” Damond adds.
www.worldipreview.com
Life Sciences Intellectual Property Review 2012
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