Melawan Bisnis Farmasi Global untuk Melindungi Industri Farmasi Domestik:(Studi kasus India , Novartis AG

Larassita Damayanti, Mohtar Masoed

2016 | Tesis | Ilmu Hubungan Internasional

Abstract Suppressing Global Pharmaceutical Business in Securing Domestic Pharmaceutical Industry: A Case Study of India v. Novartis AG India’s persistence that has been very critical towards TRIPS since the beginning of Uruguay Round does not succeed. India’s economic interest as the exporter of generic medicine is the motif behind its hard gesture. India gets public attention after TRIPS ratification, considering the implication of patent protection that might affect generic industry and the possibility of Pharmaceutical Company expansion towards its territory. This study aims to reveal the strategy implemented by Indian government to suppress global pharmaceutical business which is represented by Pharmaceutical Company. The data is analyzed by using TRIPS regulation specifically makes use “room to maneuver” provided for developing country. Result confirms that Indian generic industry does not reflect any regression and also the minimal existence of Pharmaceutical Company in India. The minor implication is due to the implementation of internal and external aspects strategies used by Indian government. The internal aspect is reflected on the coalition between Indian government and local actors which is represented by Indian Pharmaceutical Associations (IPA). The intense relationship is able to make the mobilization of domestic actors’ interest easier which later used by the government as framework to set out national policy. As for the external aspect which consists of economic and legal diplomacy, the economic cooperation ties among India, developing countries, and LDCs works well as what can be seen on the increased export sales revenue broaden market expansion, and basis production expansion. On legal diplomacy, it can be seen that India is able to maximize the use of three loopholes on TRIPS which are; process patent, mailbox application system, and compulsory license as the legal basis to suppress Pharmaceutical Company. Keywords: India, TRIPS, Patent Protection, Generic Medicine, External Aspect, Internal Aspect.

Kata Kunci : Farmasi