India's Enforcement of Patent Laws Should Not Affect Drug Manufacturer's Investment Decisions

July 07, 2010

The NYT had an article on the growth on India’s pharmaceutical industry in which it raised its enforcement of patent laws as an issue affecting manufacturers’ decision to locate in India. There is no obvious reason why there should be any relationship between the two.

Scientists in India can gain the knowledge to manufacture patent protected drugs regardless of where the manufacturing operations are located. Placing the facilities within India would minimally increase this ability. It is difficult to believe that this additional risk would be an important consideration for drug companies although they may use their location decision as a way to coerce India and other countries to adopt more protectionist patent regimes.

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