Why can India imitate Lenin?

Why is Granin in India a banned drug? Why can India make generic drugs without infringement? Switzerland and India have been fighting patent lawsuits for seven years. The film Dying tells a touching story. In order to find cheap anticancer drugs for leukemia patients, he was smuggled from India and sentenced. After the super-high box office, the audience fell into deep thinking. The economic gap between India and China is so great that Made in China now enjoys an excellent reputation in the world. Even the Indian market was occupied by China. But why do China people secretly buy generic drugs from India? Why can India make generic drugs aboveboard? Does it not involve patent infringement?

Granin India, which appeared at the beginning of the film, was produced by Natko Pharmaceutical Company of India, and the local trade name was Veenat. This drug was not approved by the Food and Drug Administration in China, so it was banned in China. According to the laws of China, smuggling illegal drugs is punishable, which is why the film "Mileyong" must be kept secret.

But India is called the pharmacy of the world, and it is also called the pharmacy of the poor. India's generic drugs are so famous and popular all over the world, with low price and high quality. This generic drug is not much different from the original "Glenin" in effect. Therefore, in the film, the protagonist smuggled the generic drug glinide from India and sold it to patients who could not afford to buy the genuine drug glinide at a low price and could only wait for death.

The fundamental reason why generic drugs in India are cheap is that they save huge research and development costs and do not have to pay patent fees, so the price of generic drugs is only one tenth of that of the original patented drugs. This film directly shows us that India produces GlaxoSmithKline's generic drugs aboveboard. Why can't Swiss pharmaceutical companies with genuine drugs take India?

In fact, Switzerland and India have also had "wits and wits" for this reason!

Because of the proliferation of generic drugs in India, Swiss pharmaceutical companies quickly developed a new version of Glinin, and in July 1998, they applied to the Patent Committee of Chennai, India for the patent protection of the new version of Glinin.

In fact, these two versions are actually involved in the film, but they are not detailed.

Subsequently, the Swiss pharmaceutical company's patent application was rejected by the Indian authorities, and then they started a lawsuit with India for seven years. The reason for Swiss pharmaceutical companies is simple. Didn't you India 1995 join the WTO? Then we have to abide by our rules!

However, the Supreme Court of India thoroughly understood the WTO policy on the transition period of member countries and made a reasonable struggle by using the rules of TRIPS Agreement. Finally, a compromise was reached, that is, after the end of India's transition period in 10 years, a new patent law was promulgated to abolish the prohibition clause that does not allow food, medicine and other products to obtain patent rights.

This new patent law seems to have ended the era of generic drugs in India, but in fact, the Indian authorities have always rejected the patent application of Swiss pharmaceutical companies for the new version of Glenin. Because Indian law prohibits the granting of patents to "new drugs that are not essentially different from the original drugs." In repeated lawsuits, the Supreme Court of India has always held that the improved drug "new glinide does not meet the two standards of innovation and originality".

In fact, Indian law has never allowed multinational pharmaceutical companies to modify the formula slightly, so as to apply for extending the patent protection period of drugs.

It is reported that the drugs targeted by "strong imitation drugs" must have the externalities of diseases, that is, diseases will affect the spread of infectious diseases in others, such as SARS. Secondly, it only targets countries with extreme poverty. At that time, for the "river blindness" of African people, the American drug "Merck" could directly "strongly imitate". In the end, "Merck" pharmaceutical factory simply gave it away for free, and it was also listed as a case of corporate social responsibility by Harvard Business School.

However, Granin incident is not an infectious disease, and China is not an extremely poor country, so Africa will not be treated.