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What is meant by generic drugs? Explain its importance in the light of judicial decisions in India.
What is meant by generic drugs? Explain its importance in the light of judicial decisions in India.
Updated On: Jul 6, 2024
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Solution and Explanation
Generic drugs in India are medicines that are identical in chemical composition and effectiveness to brand-name drugs. They are sold under their chemical names, not brand names, and are often cheaper. This helps more people afford necessary medications.
Laws like the Drugs and Cosmetics Act of 1940 regulate how generic drugs are made, sold, and distributed in India. These laws have been updated to encourage more production and use of generic drugs, which are crucial for making healthcare more affordable and accessible to everyone.
Court decisions have also shaped how generic drugs are used in India. For example, in the Novartis case of 2013, the Supreme Court ruled that certain drugs couldn't be patented under Indian law if they weren't new or innovative enough. This decision supported the availability of cheaper generic versions of essential medicines.
Another important case involved the drug Nexavar in 2014, where the court allowed a generic version to be made by Natco Pharma at a lower cost. This highlighted how Indian law allows for compulsory licensing of drugs to ensure public access to affordable medications when needed.
India's approach to promoting generic drugs isn't just about local impact—it aligns with global efforts to make healthcare more affordable worldwide. By encouraging competition among drug manufacturers, prices are driven down, and more treatment options become available, especially for chronic illnesses.
Despite these benefits, challenges remain. Ensuring the quality and safety of generic drugs is crucial. Regulatory bodies like the CDSCO monitor this closely through strict approval processes and ongoing checks after drugs are on the market.
In summary, generic drugs have transformed India's healthcare by making essential medicines cheaper and more widely available. Court decisions have played a key role in supporting this, emphasizing public health needs over purely commercial interests. Moving forward, it's important to continue improving regulations and addressing challenges to ensure everyone has access to the medicines they need.
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