Access to life-saving drugs in India remains unequal despite the availability of generic medicines. Examine the structural barriers and the role of patent policy in addressing this

GS2 Healthcare
Access to life-saving drugs in India remains unequal despite the availability of generic medicines. Examine the structural barriers and the role of patent policy in addressing this gap.

Examine

  • 10 marks
  • 8 min
  • 150 words
  • Easy

The Hindu

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INTRODUCTION

  • Despite being the “pharmacy of the world” and a major producer of low-cost generics, India faces unequal access to life-saving drugs, reflecting structural and policy constraints.

STRUCTURAL BARRIERS TO ACCESS

  • Affordability issues: Out-of-pocket expenditure (~50%+) limits access even to generics for poorer households.
  • Supply-side gaps: Uneven distribution, stock-outs, and weak last-mile delivery in rural and remote areas.
  • Healthcare infrastructure: Inadequate public facilities force reliance on expensive private sector.
  • Awareness and prescription practices: Brand bias among doctors and lack of awareness about generics.
  • Regulatory and quality concerns: Perceived variation in generic drug quality reduces trust.
  • Insurance limitations: Low coverage and limited outpatient drug benefits.

ROLE OF PATENT POLICY

  • TRIPS-compliant regime with safeguards: India’s Patent Act (Section 3(d)) prevents evergreening, enabling generic competition.
  • Compulsory licensing: Allows production of patented drugs during public health emergencies (e.g., Natco-Bayer case).
  • Price regulation challenges: Patented drugs often remain outside effective price control (NPPA limits).
  • Innovation vs access dilemma: Stronger patent protection may raise prices, limiting affordability.
  • Voluntary licensing and PPPs: Facilitate access while maintaining incentives for innovation.

MEASURES TO ADDRESS THE GAP

  • Strengthening public procurement: Expand schemes like Jan Aushadhi for affordable generics.
  • Universal health coverage: Enhance schemes like Ayushman Bharat to include outpatient drugs.
  • Regulatory strengthening: Ensure quality assurance and build trust in generics.
  • Rational prescription practices: Mandate generic prescribing and curb unethical pharma marketing.
  • Patent policy balance: Use TRIPS flexibilities (compulsory licensing, strict patentability criteria) judiciously.
  • Supply chain reforms: Improve logistics, digital tracking, and cold-chain systems.
  • Awareness campaigns: Promote generic drug acceptance among patients and providers.

CONCLUSION

  • Bridging inequity in drug access requires systemic reforms and a balanced patent regime, ensuring affordability without undermining innovation, thereby advancing equitable healthcare in India.