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
