Harmonizing Innovation And Affordability: A Comparative Study Of Jan Aushadhi Medicines And Patent-Protected Drugs In India

Abstract

Abstract — The pharmaceutical sector is essential to maintaining public health, yet it frequently finds itself torn between the opposing demands of accessibility and innovation. This conflict is especially noticeable in India when it comes to the coexistence of Jan Aushadhi, a government program that offers reasonably priced generic medications, and patent regulations that safeguard intellectual property rights. The legal, economic, and social aspects of Jan Aushadhi medicines and trademarked medications in India are compared in this study article. The study examines how patented medications affect healthcare affordability and how much Jan Aushadhi medications close this gap by examining case law, policy frameworks, and market data. Important issues including compulsory licensing, patent evergreening, and public awareness are examined closely to determine how they affect the availability of necessary medications. The results highlight the necessity of a nuanced strategy that balances the demands of public health with intellectual property rights. The quality and accessibility of Jan Aushadhi medications should be improved, strict implementation of anti-evergreening laws should be encouraged, and pharmaceutical innovation should be encouraged without sacrificing affordability. By offering insights for legislators, attorneys, and pharmaceutical industry stakeholders, this comparative analysis adds to the continuing conversation about attaining equitable healthcare in India.