Browsing by Author "Babita Baeraiya"

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Generic Drugs Vs Branded Drugs: Navigating Antitrust Law Issues in India
(Ashdin Publishing, 2024) Surender Mehra; Purnima Gupta; Disha Moitra; Babita Baeraiya; Rajneesh Kumar Patel; Raju Majhi; Supriya
Generic drugs vs branded drugs has been a long-standing dispute in the pharmaceutical sector. The right to health is considered a basic human right, and through various judicial pronouncements, it has been included within the purview of Article 21 of the Indian Constitution. However, the exorbitant prices of medicines and the expensive bills incurred in hospitals have created a roadblock for the common man to effectively exercise this right. In such a scenario, generic drugs play a pivotal role in protecting people from financial hardship. Generic drugs are available at a cheaper price than branded drugs. However, due to some preconceived notions among the public regarding the safety and efficacy of generic drugs, there has been a conflict in preferring generic drugs over branded drugs. In order to understand the differences between generic and branded drugs, there is a dire need to revisit the structure of the pharmaceutical sector. The monopoly in the pharma sector and the rise in medicine prices due to unfair trade practices necessitate a discussion of the provisions of competition law in light of the aforementioned issues. The objective of this research paper is to analyze the current legal framework pertaining to the pharmaceutical industry and the competition law issues involved. The paper seeks to gather data through a questionnaire to understand the preference of people for generic or branded drugs. Furthermore, the paper discusses the role played by doctors in promoting generic drugs. Lastly, the paper attempts to study the impact of increased usage of generic drugs on economic efficiency in India. © 2024 Surender Mehra, et al.
Traditional Knowledge in Drug Development and the Rights of Indigenous Peoples: A Legal and Ethical Perspective
(Ashdin Publishing, 2024) Roshan Lal; Babita Baeraiya; Rashmi Thakur; Rakesh Kumar Gautam; Saurav Narayan; Deepesh Yadav; Puneet Pathak; Sukanya Singha
This paper delves into the intersection of traditional knowledge and drug development, highlighting the critical contributions of indigenous wisdom to pharmaceutical advancements while examining the associated legal and ethical challenges. Traditional knowledge, encompassing centuries of indigenous expertise in medicinal plants and natural remedies, has been instrumental in the discovery of significant drugs, such as aspirin derived from willow bark. Despite the growing global interest in natural products and traditional medicine, indigenous communities face significant challenges in protecting their knowledge and securing their rights against exploitation and biopiracy. The paper critically evaluates the inadequacies of existing Intellectual Property Rights (IPR) frameworks in safeguarding traditional knowledge, addressing the complexities inherent in applying patent laws to such knowledge. It explores relevant international treaties, such as the Convention on Biological Diversity (CBD) and the Nagoya Protocol on Access and Benefit-sharing (ABS), which aim to regulate access and ensure fair compensation for indigenous communities. Furthermore, it examines national legal frameworks in countries like India, Brazil, and Peru, assessing their effectiveness in promoting fair benefit-sharing and protecting indigenous rights. In addition, the paper addresses ethical and legal challenges related to biopiracy and the necessity of obtaining Free, Prior, and Informed Consent (FPIC) from indigenous communities. Through detailed case studies, it highlights both successful and unsuccessful efforts to integrate traditional knowledge into drug development, offering valuable lessons and best practices. The paper concludes with policy recommendations aimed at reforming IPR laws, enhancing international and national mechanisms, and promoting equitable benefit-sharing to ensure that traditional knowledge is utilized responsibly, fairly, and sustainably. © 2024 Roshan Lal, et al.