For those who missed it, in 2008, the Intellectual Property Association of Japan (IPAJ) published an interesting article by Parama Sinha Palit and Bhaskar Bhattacharya called ‘Does Intellectual Property Laws in India and China Encourage Innovation’. Messrs Palit and Bhattacharya, both senior associate with Corporate Law Group are advocates of the patentability of incremental, cumulative or adaptive pharmaceutical inventions. They opine that China is doing a much better job than India in this respect. India seems to discourage incremental inventions, while China has utility (model)-patents for these kind of inventions.
“It has been rightly pointed out that not recognizing incremental innovation in the pharmaceutical industry is like asking medical researchers to reinvent the wheel.“
Read their IPAJ article here.