“The Pharmacy of the World”: The Rise of India’s Pharmaceutical Patent Regime

Abstract

When India achieved its hard-fought independence, it inherited both a blazing hope for the future and the burdens of its colonial past. These realities converged as the nation embarked on the path toward self-reliance in pharmaceutical and patent law. Beginning with the British patent law imposed in 1856, India grappled with its inadequacies—particularly its susceptibility to foreign monopolies and the stifling of domestic competition. The solution was clear: the establishment of a distinct, resilient, and innovative Indian patent regime to address these challenges. Through a long and arduous journey, starting at independence and culminating in the landmark Patents Act of 2005 and beyond, India struck a balance between safeguarding patent rights and ensuring equitable access to essential medicines. In doing so, the post-colonial nation earned its place as the “pharmacy of the world”, dedicated to fostering both innovation and public welfare.