Page 1 of 13

European Journal of Business &

Social Sciences

Available at https://ejbss.org/

ISSN: 2235-767X

Volume 07 Issue 05

May 2019

Available online: https://ejbss.org/ P a g e | 1538

The Impact of Patents in Ayurveda Influences

Consumers in Kerala

Prepared by: Vipin Benny (Assistant Professor – Research Department of Commerce, St.

Thomas’ College (Autonomous), Thrissur -Kerala) & Dr. V.A Sonny (HOD-Management

Studies, MES College Kuttippuram)

Vipin Benny

Assistant Professor

Research Department of Commerce

St. Thomas’ College (Autonomous), Thrissur -Kerala

Email: vipinbenny5@gmail.com

Dr. V.A Sonny

HOD-Management Studies

MES College Kuttippuram

Email: vasonny@yahoo.co.in

ABSTRACT

Ayurvedic medicines are being popular day by day because these medicines used in the

treatment of all kind of diseases. Now-a-days people give preference to the Ayurvedic medicines

as most of the Allopathic medicines have side effects. Simultaneously manufactures are trying to

take patents in various category products. In Ayurveda, the Indian system of medicine, there is a

belief that, through ayurvedic protocol any spurious substance can be changed into valuable

medicines. Ayurveda is getting its due recognition as a rationale system of medicine worldwide

despite the fact that medical and scientific fraternity of the globe has very strong opposite

regarding safety and efficacy of Ayurvedic medicines. In the light of these references, all

stakeholders of Ayurveda in general and scholars of Ayurveda (read therapeutics and

pharmaceutics both) in particular must be acquainted with the basics of IPR, patent and its

possible proposition in progress of traditional knowledge of Ayurveda with innovative approach.

In the later part of the nineteenth century new inventions in the field of art, process, method or

manner of manufacture, machinery, apparatuses and other substances, produced by manufactures

were on the increase and the inventors became very much interested that the inventions done by

them should not be infringed by anyone else by copying them or by adopting the methods used

Page 2 of 13

European Journal of Business &

Social Sciences

Available at https://ejbss.org/

ISSN: 2235-767X

Volume 07 Issue 05

May 2019

Available online: https://ejbss.org/ P a g e | 1539

by them. The study based on 285 samples units of consumers, those who are using patent drugs

in the state of Kerala. The results obtained show that consumers in society has a reasonable

degree of awareness about various categories patented drugs.

Key words: Intellectual Property, Intellectual Property Rights, Patents, Ayurveda, Traditional

medicines, Patent Drugs

INTRODUCTION

Ayurveda is the science of life, prevailing from the time of human existence and which is very

much grass rooted in the Indian traditional system of science. Thus to preserve and nurture this

unique system of science, the intellects thriving their ideas must be protected to justify their

knowledge for further advancements. Such a system that would ensure development in the field

of Ayurveda is Intellectual property rights. Intellectual property (IP) is a term referring to a

number of distinct types of expressions for which a set of rights are recognized under the

corresponding fields of law. Common types of intellectual property rights include copyrights,

trademarks, patents, industrial design rights, and trade secrets in some jurisdictions. Laws and

concepts behind copyright and patents are not new, the term intellectual property is relatively

recent, dating from the 19thcentury.Ayurvedic lead compounds must be shelled until and unless

they are introduced in the market by enforcing intellectual property rights. The Indian Patent

Office has received a number of applications from Indian as well as foreign inventors and

companies seeking patents in all fields of technologies, including possibly Ayurvedic medicines,

which are published on the website of the Patent Office, namely. A patent is exclusive right

granted by country to the owner of invention to make, to use, manufacture and market the

invention, provided the invention satisfies certain conditions stipulated in law. Ayurveda

knowledge is centuries old in this continent as per rules of patent, to get a patent it must be new

invention, consisting nobility with commercial industrial application. Commercial correlation of

patent and ayurvedic medicines patent provides an opportunity of prosperity to patentee. Thus

people of diverse surrounding are trying to create wealth through ayurvedic traditional

knowledge by claiming numerous patents on subject matters which are in domain of Ayurveda.

Current provision of the patent laws of India is obstructive in nature for getting patent on

ayurvedic medicine. If we have to invite researcher from basic science to ensure quality, safety,

and efficacy of ayurvedic medicine, there is an urgent need to amend laws of patents with

pragmatic policies. This will encourage more patents on numerous pharmaceutical products

based on Ayurveda.

LITERATURE REVIEW

According to the theoretical model by Boldrin and Levine (2002), for instance, the right of first

sale for the innovator, and the first-mover advantage that derives from it, may be sufficient to

generate revenue streams that allow inventors to recover their R&D investments. Another

critique of the economic analysis of the role of patents has stressed that early models have tended

Page 3 of 13

European Journal of Business &

Social Sciences

Available at https://ejbss.org/

ISSN: 2235-767X

Volume 07 Issue 05

May 2019

Available online: https://ejbss.org/ P a g e | 1540

to refer to stand-alone innovations, which represent a relatively narrow set of inventions that

ultimately do not generate follow-up inventions (Menell and Scotchmer, 2007). For cumulative

inventions though, such that the knowledge covered by a patent could be fundamental input to

further sequential inventions, the exclusive rights provided by patents ultimately may slow down

technological process by posing a barrier to improvements (Merges and Nelson, 1990; Bessen

and Maskin, 2006). In line with this perspective, recent theoretical models of R&D competition

(Hunt, 2006) suggest that the presence of dense, overlapping patents (“patent thickets”)

eventually could reduce rather than intensify incentives for R&D investment. With reference to

the disclosure value of patents, the adoption of strategic filing behaviours by applicants and

complex claim construction rules could severely limit the effectiveness of disclosures for

patented inventions (Roin, 2007; Guellec and Van Pottelsberghe, 2008).

STATEMENT OF PROBLEM

An ample debate persists in economic literature regarding the costs and benefits of the patent

system for society; as summarized by Hall and Haroff (2012, p. 36) in their recent review,

“researchers are still far away from fully understanding the impact of the institutional aspects of

patent systems.” A detailed study is highly imperative to identify how far Patent drug has

influenced the Ayurvedic attitude of the people in society. For the Ayurveda firm also, it is very

essential to know whether there is a gap between adopters and non-adopters of patent drugs

introduced by them. So the present study aims to analyze how the consumer awareness

associated with the availability patented Ayurvedic drugs.

OBJECTIVE OF THE STUDY

 To find out the level of awareness of Ayurveda consumers regarding various patented

drugs.

SIGNIFICANCE OF THE STUDY

 It will help to make a systematic effort to understanding the consumers’ awareness

towards patented products

 It will give appropriate feedback for corrective actions to the management of companies.

 It will help the marketers to devise or formulate sales promotion programmes and also

work out strategies to attract and retain many buyers to their business.

PERIOD OF THE STUDY

This study covered a period of 3months from 2018-19. Data collection period was from the

month of December 2018 to February 2019.

SCOPE OF THE STUDY