Re:Why Drug Prices Keep Rising Despite Congress's Efforts
by b_tterc_p on Monday April 08, 2019 @12:27PM
(#19606658)
Technically yes, but the fact that a backdoor exists means American patent holders need to make the deal particularly sweet to Indian generics. Sure they still profit because they’re just licensing and getting economic rent. They could be making way more if this system were not in place.
It’s probably better for the world if they lean even further from patents.
Indian companies can’t just manufacture patented drugs without a license. There is a judicial process to follow beginning with negotiations with the original patent holder. Only if the patent holder refuses to grant a license and the local manufacturer aspirant can prove there will be a public health crisis without the drug will the courts grant permission to bypass the patent.
http://www.mondaq.com/india/x/772644/Patent/Compulsory+Licen...
https://undark.org/article/hepatitis-c-sub-sofosbuvir-india/