Mint Explainer: Does India Need Special Courts for Complex Drug Patent Wars?

India's pharmaceutical industry has long been a subject of intense debate, especially concerning drug patents and their impact on access to affordable medicines. Patent disputes in India can often stretch for years, creating setbacks for companies working with time-sensitive patent deadlines. As of December 6, 2025, the question of whether India needs special courts to handle complex drug patent wars is more pertinent than ever.

The Core Issues

The heart of the matter lies in balancing the protection of intellectual property rights of pharmaceutical companies, often referred to as "Big Pharma," with the need to ensure that essential medicines are accessible and affordable to the masses. This dichotomy is particularly critical in a country like India, which is often called the "pharmacy of the developing world" due to its large-scale production of generic drugs.

The Role of TRIPS and Indian Patent Law

The World Trade Organization's (WTO) agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which came into force in 2005, significantly altered India's patent landscape. Before TRIPS, India didn't award patents on pharmaceutical products, allowing generic companies to freely produce affordable copies of life-saving drugs. TRIPS effectively granted Big Pharma exclusive patents in all markets, including India.

However, India's patent law includes safeguards to address public health needs. For example, patents are not granted for medicines that don't involve an inventive step or show significant therapeutic benefits over existing drugs. These safeguards have allowed India to maintain a thriving generic drug industry while keeping prices low.

Landmark Cases and "Evergreening"

Several landmark cases have highlighted the complexities of drug patent disputes in India. In 2013, the Indian Supreme Court rejected Swiss pharmaceutical firm Novartis' attempt to patent a new version of its leukemia drug Glivec. The court ruled that the changes made to the drug were not significant enough to warrant a new patent, preventing Novartis from extending its monopoly through a practice known as "evergreening".

Similarly, India upheld a compulsory license for Bayer's cancer drug Nexavar, allowing generic firms to produce a copy of the patented drug at a significantly lower price. These rulings demonstrated India's willingness to prioritize public health concerns over the interests of pharmaceutical companies.

The Need for Special Courts

Given the increasing complexity of drug patent cases and the potential for lengthy delays, the establishment of special courts could offer several benefits. These include:

• Faster Resolution: Timelines for patent disputes in India can stretch for years, which can be a major setback for companies. Special courts could expedite the resolution process, ensuring quicker decisions on patent validity and infringement.
• Expertise: Drug patent cases often involve complex scientific and technical issues. Special courts staffed with judges and legal professionals with expertise in pharmaceutical science and intellectual property law could lead to more informed and accurate decisions.
• Consistency: Special courts could help ensure greater consistency in the interpretation and application of patent laws, reducing uncertainty for both pharmaceutical companies and generic drug manufacturers.

Challenges and Concerns

However, the creation of special courts also raises potential challenges. One concern is whether these courts would be adequately funded and staffed to handle the workload. Another is ensuring that the courts remain impartial and are not unduly influenced by powerful pharmaceutical companies.

Conclusion

The question of whether India needs special courts for complex drug patent wars is a multifaceted one. While such courts could offer significant benefits in terms of speed, expertise, and consistency, it is crucial to address potential challenges and ensure that the courts operate in a fair and transparent manner. Ultimately, the goal is to create a system that protects intellectual property rights while promoting access to affordable medicines for all.