Health, Patents, and Path Dependence: India's Pharmaceutical Crossroads

Authors

• Jacie Bissell

Abstract

This paper examines how India’s historical commitment to affordable medicine and public health continues to shape its pharmaceutical patent regime, even as the country aspires to become an innovation-driven economy. Through the lens of path dependence, the paper explores how India’s legal and institutional frameworks have created structural constraints on policy reform. Focusing on key moments such as the Patents Act of 1970, the landmark Novartis decision, and India’s evolving stance on the TRIPS waiver during the COVID-19 pandemic, the paper analyzes the tensions between fostering pharmaceutical innovation and maintaining access to affordable medicines. While recent procedural reforms and judicial decisions signal a shift toward encouraging investment and R&D, the enduring influence of India’s generics-oriented legacy raises questions about the feasibility of this transition. Understanding this dynamic is essential to evaluating India’s future role in global pharmaceutical innovation and access.

Recommended Citation

Jacie Bissell, Health, Patents, and Path Dependence: India's Pharmaceutical Crossroads, 32 Mich. Tech. L. Rev. 337 (2026).
Available at: https://repository.law.umich.edu/mtlr/vol32/iss2/3