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Estimating India's Trade in Drugs and Pharmaceuticals

There is the view that in the post-1991 period, India's exports of drugs and pharmaceuticals have grown rapidly - thereby confirming that India has much to gain by conforming to global drug patent standards. But a close reading of the data shows that the growth of the main drug exports has slowed, while that of imports - especially formulations - has accelerated.

Estimating India’s Trade in exports witnessed by the pharmaceutical industry was commented on by the depart-
Drugs and Pharmaceuticals ment of chemicals and petrochemicals earlier this year thus: “The country is
showing excellent performance in the
pharma export front. Indian exports are
Reji K Joseph destined to more than 200 countries

There is the view that in the post-1991 period, India’s exports of drugs and pharmaceuticals have grown rapidly – thereby confirming that India has much to gain by conforming to global drug patent standards. But a close reading of the data shows that the growth of the main drug exports has slowed, while that of imports

– especially formulations – has accelerated.

T
he impact of various policy reforms post-1991 on drugs and pharmaceuticals trade is an issue that has been discussed widely. This discussion has also been linked to the debate sparked off by the changes in the patent regime that was expected to adversely affect the generic producers dominating the Indian pharmaceutical industry. It was argued that the introduction of the product patent regime would restrict the generic producers’ scope of operations, particularly their ability to export to preferred destinations. Imports would get a fillip not merely because of the restricted scope of operation of the domestic producers, but also because of the parallel process of lowering of tariffs. Furthermore, the removal of the regulations, which insisted on local production to some extent and the abolition of restrictions on foreign firms were expected to encourage imports of pharmaceutical products into India.

Recent studies and reports seem to suggest that the Indian pharma sector’s performance has been contrary to expectations. According to Dhar and Gopakumar (2007), the integration of the Indian economy around the globe including highly regulated markets of US, Europe, Japan and Australia”.2

Data provided in support of this view, which have appeared in scholarly texts as well as the annual reports of industry associations, reveal inherent problems in aspirings the magnitude of exports of pharmaceutical products from India. Considerable variations can be seen in the magnitude of exports as provided by different data sources. This article unravels the problems faced in understanding the magnitude of India’s exports and imports of pharmaceutical products.

Variation in the Estimates

We begin by comparing the available estimates on India’s pharmaceutical trade. Table 1 shows data from different sources for the latest years – both industry and government sources.

There are huge differences in the figures provided by the different sources referred to in Table 1. For example, in 2004-05, the lowest estimates for both exports and imports were provided by the department of chemicals and petrochemicals. While the Indian Drug Manufacturers’

Table 1: Exports and Imports of Drugs and Pharmaceuticals – Different Estimates (in Rs crore)

2003-04 2004-05 2005-06 Export Import Export Import Export Import

Department of chemicals and petrochemicals, (annual report 2006-07) 7,445.0 1,150.0 9,263.0 1303.0 10,821.0 1,945.0

Department of chemicals and petrochemicals (http://chemicals.nic.in/pharma1.htm) 15,213.0 – 17,857.0 – 22,116.0 –

Report of Working Group on Drugs and Pharmaceuticals

for the Eleventh Five-Year Plan, Planning Commission

of India 15,213.2 2,956.6 17,857.8 3,169.4 21,579.0 4,515.2

IDMA (45th Annual Publication, 2007) 15,213.2 2,956.6 17,857.8 3,169.4 21,579.0 4,515.2

OPPI (Indian Pharmaceutical Industry: Fact Sheet – 2005) – – – – 19.800.0 4.800.0

BDMA (www.bdmai.org) 14,324.2 5,085.0 16,681.0 5,630.0 – –

Difference between lowest and highest figures (%) 104.3 342.2 92.8 332.1 104.4 146.8

I am extremely grateful to Biswajit Dhar and Jayati Ghosh for their valuable inputs and interventions on the draft of this paper.

Reji K Joseph (rejikjoseph@gmail.com) is with the Centre for WTO Studies, Indian Institute of Foreign Trade, New Delhi.

with the global economy provided an opportunity for the generic pharmaceutical industry to seek foreign markets. Consequently, the leading firms in this industry became considerably more outward oriented as compared to those belonging to other industries.1 The buoyancy in Association (IDMA) and the working group on drugs and pharmaceuticals for the Eleventh Plan (hereafter working group) provided the highest estimate for exports, the Bulk Drug Manufacturers’ Association (BDMA) provided the highest estimates for imports. It is the magnitude of difference

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Table 2: Exports and Imports of Drugs and Pharmaceuticals (1990-91 to 2006-07 in $ million)

Export Import Balance of Trade

1990-91 316.5 641.7 -325.2

1991-92 424.6 470.8 -46.2

1992-93 411.9 497.3 -85.4

1993-94 589.7 682.1 -92.4

1994-95 736.1 1,149.4 -413.3

1995-96 911.6 1,489.2 -577.6

1996-97 1,055.9 1,493.2 -437.3

1997-98 1,207.3 1,500.1 -292.8

1998-99 1,133.1 1,166.1 -33.0

1999-00 1,343.4 1,398.7 -55.4

2000-01 1,614.0 1,338.2 275.8

2001-02 1,733.3 1,544.2 189.2

2002-03 2,226.3 1,906.3 320.1

2003-04 2,324.8 2,171.1 153.6

2004-05 2,767.5 3,034.6 -267.1

2005-06 3,250.8 3,746.5 -495.8

2006-07 4,076.3 4,516.1 -439.8

GR 1991-92 to 2006-07 18.0 15.3

GR 1991-92 to 1999-2000 18.4 12.5

GR 2000-01 to 2006-07 17.5 18.9

GR – Average Annual Growth Rate (in %). Source: India Trades, CMIE.

between the highest and the lowest estimates that is particularly significant. In the case of exports, the magnitude of exports of pharmaceutical products reported by the department of chemicals and petrochemicals was only one half of that reported by the IDMA and the working group. The difference between the lowest and highest estimates in case of imports was considerably larger. The BDMA reported a figure that was more than three times larger than that provided by the department of chemicals and petrochemicals. The fact that the trade figures given in the annual report of the department of chemicals and petrochemicals are substantially different from the trade figures given in the web site of the department of chemicals and petrochemicals and in the report of the working group shows the magnitude of the lack of understanding of the issue even at the official level.

Figures provided by different industry sources are also at variance, particularly in respect of imports. There is a striking difference between the figures of the BDMA on the one hand, and IDMA or Organisation of Pharmaceutical Producers in India (OPPI) on the other. The difference was 42 per cent in 2003-04 and it increased to 44 per cent in 2005-06. A plausible explanation of the difference in the figures provided by the BDMA and OPPI-IDMA is the following. In India there is a highly competitive bulk drug industry spreading across large, medium and small-scale sectors. These producers largely depend on imported intermediates to process them into bulk drugs.3 And the BDMA, being an association of the producers of bulk drugs in the large, medium and small-scale sectors, covers a larger number of production units as compared to IDMA or OPPI, whose membership does not include the smaller producers. This may explain why the import figures of the BDMA are larger than the figures of all other sources.

What explains these large variations in the estimates in both exports and imports of pharmaceutical products that are shown in Table 1. The answer to this question is to be found in the definition of the term “drugs and pharmaceuticals” that has been adopted by these agencies.

The department of chemicals and petrochemicals considers drugs and pharmaceuticals as bulk drugs of two or more than two chemical substances; formulations; medicated bandages and dressings; medical devices such as syringes; blood products; and glands, organs and their extracts. In fact, the figures for export and import of drugs and pharmaceuticals that are reported by the department in the annual report of the ministry of chemicals and fertilisers largely correspond to those that are provided by the directorate general of commercial intelligence and statistics (DGCIS) for chapter 30 – pharmaceutical products, of Indian Trade Classification (ITC).4 Chapter 30 of ITC has six components: glands, organs and their secretions; blood and blood products; bulk drugs consisting of two or more chemical constituents; formulations; medicated bandages and dressings; and medical devices, dental cements and fillings, etc. This chapter excludes intermediates and bulk drugs of single chemical substances which constitute a significant share in India’s drugs and pharmaceuticals trade. It is to be noted that intermediates and bulk drugs of single chemical substances largely fall under chapters 28 and 29 of the ITC.

The data provided by industry sources, on the other hand, include intermediates, bulk drugs (bulk drugs of single chemical substances as well as bulk drugs of two or more chemical substances) and formulations. However, items as blood and blood products; glands, organs and their

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s ecretions; medicated bandages and dressings; medical devices, dental cements and fillings, etc, are excluded.

Trade data given in the working group, which is sourced from the DGCIS, are substantially different (99.4 per cent difference in exports and 132.1 per cent difference in imports) from the data given in the annual report, which have also seemingly sourced from the DGCIS. This may be due to the different methodologies adopted by these two agencies. Surprisingly, the data of the working group are the same as that given by one industry association – IDMA. To understand the methodology, it is important to know the products considered while compiling the data. The IDMA is the only source which gives a list of products that are exported and imported. The 42nd annual publication (2004) of IDMA gives a detailed list of exports and imports of intermediates, bulk drugs and formulations (from ITC chapters 28, 29 and 30) at eightdigit level for 2002-03; 581 products for exports and 738 products for imports. Trade quantities and values of these products are the same as given by the DGCIS. Exports add up to Rs 9,714.41 crore and imports to Rs 8,846.1 crore. However, the values of total exports and imports given in the same publication are very different – Rs 11,925 crore exports and Rs 1,102.5 crore imports. Thus it comes out that there are serious problems with the aggregate trade data given by the industry associations as well. In this confusing scenario, it may be wise for one to collect data at the level of individual items to arrive at the aggregate trade figures.

Significantly, all recent studies on India’s trade in drugs and pharmaceuticals have glossed over the above-mentioned data problems by relying on data either from the annual reports of the department of chemicals and petrochemicals or from the annual reports of IDMA or OPPI. For instance, Dhar and Rao (2002) use the data of the department of chemicals and petrochemicals and OPPI to argue that the I ndian pharmaceutical industry has turned into a foreign exchange net earner on its trade account in 1988-89, and this surplus has been increasing. Chaudhuri (2005) and Lanjouw (1999) have used the IDMA trade figures to arrive at the same conclusions. In the following section, we provide the estimates of pharmaceutical trade that India is involved, based on what we consider is a more accurate definition of drugs and pharmaceuticals.

The Real Story

This section is an analysis of India’s trade in drugs and pharmaceuticals, using the definition given in the Drugs and Cosmetics Act, 1940. Section 3(b) of the Act (1940), which covers all aspects of drug regulation in India, defines a drug to include:

  • All medicines for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings or animals, including p reparations applied on human body for the purpose of repelling insects like m osquitoes;
  • Such substances (other than food) intended to affect the structure or any function of the human body or intended to be used for the destruction of vermins or insects which cause disease in human beings or animals, as may be specified from time to time by the central government by notification in the official gazette;
  • All substances intended for use as components of a drug including empty gelatin capsules; and
  • Such devices intended for internal or external use in the diagnosis, treatment, mitigation or prevention of disease or disorder in human beings or animals, as may be specified from time to time by the c entral government by notification in the official gazette, after consultation with the board.5
  • Under this definition the term drug would include formulations (medicines ready for the internal or external use), active pharmaceutical ingredients (APIs/ bulk drugs), intermediates and excipients which go into the production of formulations; medicated bandages and dressings; medical devises such as syringes; blood products; glands, organs and extracts of them. APIs can be of two types: APIs consisting of single chemical substances which fall under the category of fine chemicals6 and APIs consisting of two or more c hemical substances. Thus the term “drugs and pharmaceuticals” is used to mean

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    Table 3: Exports, Imports and Balance of Trade of Intermediates, Bulk Drugs and Formulations (in $ million) These products are classified into four

    Intermediates and Bulk Drugs** Formulations Other Drugs and

    broad categories – intermediates and bulk

    Bulk Drugs* Pharma Products Exports Imports BoT Exports Imports BoT Exports Imports BoT Exports Imports BoT drugs, bulk drugs, formulations (including 1990-91 56.3 488.0 -431.9 177.1 91.6 85.5 66.9 51.3 15.6 16.3 10.6 5.6 vaccines) and others. It is seen that India 1991-92 126.0 360.0 -234.4 90.3 49.2 41.1 197.6 52.6 144.9 10.6 8.5 2.1

    has consistent trade surpluses in two cate

    1992-93 130.0 423.0 -293.1 69.8 17.0 52.8 201.3 46.8 154.5 11.1 10.8 0.3

    gories – bulk drugs and formulations. Of

    1993-94 164.0 619.0 -454.6 104.0 16.8 87.3 306.4 36.0 270.4 15.0 10.5 4.5

    the remaining two categories, the balance

    1994-95 233.0 1,081.0 -848.1 113.9 21.1 92.8 373.9 31.1 342.7 15.1 15.8 -0.7

    of trade is consistently negative for inter

    1995-96 306.0 1,386.0 -1,080.6 96.3 21.1 75.2 494.6 46.4 448.2 15.0 35.3 -20.4

    mediates and negative for most of the

    1996-97 383.0 1,429.0 -1,045.5 123.9 10.6 113.4 528.6 38.4 490.3 20.0 15.5 4.5

    p eriod for other drugs and pharmaceuti

    1997-98 426.0 1,377.0 -951.2 134.0 19.0 115.0 608.3 70.8 537.6 39.1 33.3 5.8

    cal products. On the exports front, the

    1998-99 403.0 1,031.0 -627.2 133.5 18.9 114.6 577.7 87.4 490.3 18.4 29.2 -10.8 1999-2000 486.0 1,260.0 -773.5 174.1 24.8 149.3 661.2 83.6 577.6 21.6 30.4 -8.7 bulk drugs, and other drugs and pharma

    2000-01 667.0 1,187.0 -520.0 150.6 27.9 122.7 754.7 92.9 661.8 41.4 30.1 11.3 ceutical products grew at higher rates dur

    2001-02 674.0 1,377.0 -702.7 188.7 28.5 160.2 836.3 94.3 742.1 33.9 44.3 -10.4 ing the post-1999-2000 period as com

    2002-03 823.0 1,668.0 -845.0 276.7 25.0 251.6 1,090.6 161.4 929.2 36.3 52.1 -15.8 pared to the period before. But, these two 2003-04 704.0 1,921.0 -1,217.1 218.9 20.6 198.2 1,356.7 178.2 1,178.5 45.6 51.6 -6.0

    groups account for only 9.2 per cent of the

    2004-05 707.0 2,745.0 -2,038.1 352.2 23.7 328.5 1,648.7 210.2 1,438.5 60.0 55.9 4.1

    total drugs and pharmaceuticals exported

    2005-06 807.0 3,306.0 -2,499.4 207.5 27.0 180.4 2,185.5 329.3 1,856.2 50.8 83.8 -33.0

    in 2006-07. The growth in the export of

    2006-07 900.0 3,873.0 -2,972.1 304.8 29.3 275.5 2,800.1 492.7 2,307.5 70.9 121.6 -50.7

    the other two groups, which account for

    GR 1991-92 to 2006-07(%) 21.9 16.5 8.9 -0.3 31.1 19.3 16.3 24.7 90.8 per cent of the total exports, has

    GR 1991-92 to declined in the period after 1999-2000.
    1999-2000(%) 30.9 15.2 4.2 -2.9 37.2 10.0 10.9 25.5 GR 2000-01 to The decline in the growth of exports for the
    2006-07(%) 10.3 18.1 14.9 3.2 23.1 31.2 23.1 23.8 two categories is definitely a cause for con
    * Bulk drugs of single chemical substance; ** Bulk drugs of two or more chemical substances. Source: India Trades, CMIE. cern. The trends in imports are more alarming. The import of three categories
    m edicines and other goods used for the from 1999 onwards through the exclusive of drugs and pharmaceuticals – inter
    treatment of humans and/or animals. marketing rights (EMRs) provisions of the mediates and bulk drugs, bulk drugs and
    The term distinguishes itself from first amendment of the Indian Patents Act formulations – which accounts for 97.3
    drugs used for other purposes, such as 1970. The EMRs brought with them a five per cent of total imports, has grown at
    narcotic drugs. year, patent-like monopoly for products higher rates in the post-1999-2000
    Data for drugs and pharmaceuticals covered by the product patent applications period. The growth was the highest in the
    except for intermediates and bulk drugs of made under the mailbox system. The com category of formulations; it increased by
    single chemical substance are taken from pany securing the EMR has the exclusive 21.2 percentage points.
    chapter 30 of ITC and given by the DGCIS. rights to sell or distribute the article or
    Data for intermediates and bulk drugs of substance covered in a patent application in Conclusions
    single chemical substance are collected a country. The 1999 amendment is an Recent studies on trade in drugs and phar
    from chapters 28 and 29 of DGCIS using important first step towards enabling maceuticals have generally reported that
    the list of products at eight-digit level domestic legislation and institutions to the Indian pharmaceutical industry is per
    given in IDMA’s 42nd annual publication. provide for product patent rights in phar forming extremely well on the export front.
    Table 2 (p 19) gives the total export and maceuticals. The impact of the change in These studies are, however, based on data
    import of drugs and pharmaceuticals in patent rights in exports and imports is which do not include all the categories of
    India from 1990-91 onwards. expected to be felt from 1999-2000. The drugs and pharmaceuticals. We have
    India’s balance of trade in drugs and break-up of the period shows that the rates pointed out that the various data sources
    pharmaceuticals has been negative from of growth of exports have declined margin on drugs and pharmaceuticals trade have
    1990-91 onwards except for the first four ally during the post-1999-2000 period and not adopted a uniform definition of the
    years of this millennium. Growth rates imports have increased from 12.5 per cent term “drugs and pharmaceuticals”, thus
    show that exports grew at 18 per cent per per annum during the pre-1999-2000 resulting in diverging conclusions on the
    annum and imports at 15.3 per cent per period to 18.9 per cent in the post-1999 performance of the industry on the trade
    annum from 1991-92 to 2006-07. In order 2000 period. Though this seems to sup front. This note makes an attempt to rectify
    to capture the impact of the new patent port the argument that exports will several errors that have crept in to the esti
    r egime, the period of analysis has been decline and imports will increase, one has mates on pharmaceuticals trade provided
    divided into two – the period till 1999to look at data at a more disaggregated by the official agencies and the industry
    2000 and the period from 1999-2000. level for arriving at more meaningful associations. The exercise attempted here
    Though the new patent regime came into c onclusions. would, in our view, help in a better under
    being only in January 2005, the monopoly Table 3 gives drugs and pharmaceutical standing of the impact of the change in the
    rights of the inventor had been protected products at a more disaggregated level. policy regime in the pharmaceutical sector.
    Economic & Political Weekly January 10, 2009 21
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    Our estimates show that there has been a decline in the growth rate of exports of intermediates and bulk drugs and formulations, which account for 90.8 per cent of the export of drugs and pharmaceuticals from India in 2006-07, in the post-19992000 period, the period during which the monopoly rights of the inventor got protected in India. Bulk drugs and other drugs and pharmaceutical products, on the other hand, have shown an increase in the growth of exports under the new patent regime; but they constitute only one-tenth of total drugs and pharmaceuticals exported from India. The trends in the growth of imports are more alarming. The growth rates of import of almost the entire drugs and pharmaceuticals (intermediates and bulk drugs, bulk drugs and formulations accounting for 97.3 per cent of imports) have increased in the post1999-2000 period. Formulations being the category showing the highest growth in imports, exhibit an increase in the growth of imports by 21.2 percentage points. The rates of growth show a declining trend in the exports front and an increasing trend in the imports front have long-term adverse implications for the b alance of trade in drugs and pharmaceuticals which is already running into deficits. Thus the findings of this article confirm the apprehension that changes in the patent regime would adversely affect India’s trade in drugs and pharmaceuticals – exports will decline and imports will increase.

    Notes

    1 For the largest three pharmaceutical firms, viz, Ranbaxy, Dr Reddy’s and Cipla, exports in terms of values were more than half their total sales turnovers. Therefore, for these firms, foreign markets were relatively more important than the domestic market, and this gave them the impetus to improve their operating efficiencies [Dhar and Gopakumar 2007].

    2 See http://chemicals.nic.in/pharma1.htm, accessed on May 20, 2008.

    3 Twenty-one per cent of imports of the BDMA in 2004-05 consist of intermediates. The BDMA is the only source giving separate figures for intermediates. The IDMA gives the list of intermediates and bulk drugs together; thus intermediates cannot be separated out from this list.

    4 The figures are same for all the years, except for the import figure for 2005-06. The DGCIS figure for import of pharmaceuticals in 2005-06 is Rs 1,949 crore. The DGCIS data were accessed from India Trades of the Centre for Monitoring Indian Economy (CMIE).

    5 Board here refers to the ayurvedic, siddha and unani drugs technical advisory board constituted under Section 33C (relating to ayurvedic, siddha or unani drugs) and the drugs technical advisory board constituted under Section 5 (relating to any other drug).

    6 Wikipedia, defines fine chemicals as “pure, single chemical substances that are commercially produced with chemical reactions into highly specialised applications. Fine chemicals produced can be categorised into active pharmaceutical ingredients and their intermediates, biocides and speciality chemicals for technical applications”. Pharmaceutical fine chemicals include both intermediates for drug production and bulk active drugs ready to be compounded with inert pigments, solvents and fillers – called excipients – and made into dosage forms.

    References

    Chaudhuri, Sudip (2005), The WTO and India’s Pharmaceutical Industry, Oxford University Press, New Delhi.

    Dhar, Biswajit and K M Gopakumar (2007): ‘Effect of Product Patents on Indian Pharmaceutical Industry and Healthcare Services’, EU-India Trade and Investment Development Programme, January.

    Dhar, Biswajit and Niranjan Rao (2002): Transfer of Technology for Successful Integration into the Global Economy: A Case Study of the Pharmaceutical Industry in India, UNCTAD/ITE/IPC/Misc.22, New York and Geneva.

    Lanjouw, Jean O (1999): ‘The Introduction of Pharmaceutical Product Patents in India: Heartless E xploitation of the Poor and Suffering’, NBER Working Paper No 6366.

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