Index

A

Active Pharmaceutical Ingredient, 20, 26
Air (Prevention and Control of Pollution) Act (1981), 82
All India Council for Technical Education, 20
applied research, 2
Aspen, 75
Astra Zeneca, 40
Aurigene, 32
Avesthagen, 32, 33

B

Bangalore Genei, 32
basic research, 2
Biocon, 30, 31
Biocon-Pfizer agreement, 76
biopharma industry
creating contracts, 69–80
agreement drafting, 72–3
outsourcing, 69–70
preliminary documentation, 70–2
specific considerations in different types of agreements, 73–9
India core competitive advantage in R&D, 17–27
biopharma outsourcing
active pharmaceutical ingredient and technology transfer, 41
analytical methods and characterisation, 35
business models for contract manufacturing organisations, 35–7
clinical trials, 39–40
clinical trials in India, 40–1
advantages, 40
disadvantages, 40–1
contract manufacturing organisations, 33–4
contract research services, 32–3
cooperation models for outsourced services, 4–8
drug product manufacturing, 35
drug substance manufacturing, 34
environmental, health and safety guidelines, 81–8
evolution in India, 1–16
India as emerging hub of R&D outsourcing, 4
Indian companies, 31–2
key issues involved, 8–14
modes, 29–43
organisational patterns in R&D outsourcing, 3
outsourcing, 1–2
process development, 35
product development and manufacture, 37–9
conventional technologies, 37
drug delivery technologies, 37–8
when to outsource development work, 38–9
R&D outsourcing in pharmaceutical industry, 3–4
buyer beware See caveat emptor

C

Capacity Building Programme, 62–5
biology research, 64
Clinicaltrials.gov, 65
Drugs and Cosmetics
(Amendment) Bill (2007), 64–5
IP protection and regulation, 63
protocol, 64
tax, 63–4
captive direct offshoring model, 6
Case Report Form, 19
caveat emptor, 100
Central Drug Authority Bill, 95
Central Drugs Standard Control Organisation, 49, 61, 90
Central Government, 65
main functions, 61–2
Certificate of a Pharmaceutical Product, 93–4
Certificate of Origin, 93
certifications, 89–97
Certificate of a Pharmaceutical Product, 93–4
clinical trials, 94–6
Good Manufacturing Practices, 92–3
Indian regulatory framework, 91
international regulatory certifications, 96
manufacturing licence, 91–2
No-Objection Certificate and Certificate of Origin, 93
Chembiotek, 32
Chopra Committee, 46
clinical research organisations, 95
clinical trials, 94–6
Clinical Trials Registry - India, 11, 65–7
mission, 65–6
vision, 66
Clinicaltrials.gov, 65
contract manufacturing organisations, 33–4, 82
business models, 35–7
contract research and manufacturing sector, 20
contracts
agreement drafting, 72–3
general terms and conditions, 73
biopharma industry, 69–80
measuring of services, 78–9
accuracy, 78
cost, 79
transparency, 79
preliminary documentation, 70–2
confidentiality agreements, 70–1
Preferred Provider Agreement, 72
term sheet, 71–2
R&D outsourcing contracts, 73–5
data, information and rights ownership, 74
improvement/inventions, 74
Intellectual Property Rights 73–4
know-how, 74
patents, 74
publication, 74
trademarks, 74–5
specific considerations in different types of agreements, 73–9
marketing agreements, 77–8
pharma products contract outsourcing manufacture, 75–7
serve level terms and document, 78
cost competitiveness, 18–20
Cytogenomics, 32

D

Dangerous Drugs Act (1930), 46
Department of Biotechnology, 32, 49–50
Department of Science and Technology, 65
Department of Scientific and Industrial Research, 24–5
direct third party, 6
Directorate General of Health Services, 11–12
Dr Reddy’s Laboratories, 18, 30
Drug Controller General of India, 61, 90
Drug Enquiry Committee, 46
drug product manufacturing, 35
drug substance manufacturing, 34
Drugs (Prices Control) Order (1955), 48
Drugs Act (1940), 46
Drugs and Cosmetics (Amendment) Bill (2007), 64
Drugs and Cosmetics Act (1940) 47, 59–60, 90
Drugs and Cosmetics Rules (1945), 47
Drugs and Cosmetics Rules (1948), 90
Drugs and Magic Remedies (Objectionable Advertisements) Act (1954) 48, 60
Drugs and Pharmaceuticals Research Program, 23
Drugs Price Control Order (1995), 61
due diligence, 99–106
areas, 101–3
contents of report, 105
process, 103–5
utilised sources, 100–1

E

effluent treatment plants, 84, 87
Eli-Lily, 40
employment laws, 13
Environment Protection Act (1986), 82
Environmental, Health and Safety Guidelines
Biopharma outsourcing, 81–8
challenges faced by Indian companies in EHS compliance, 86–7
India and, 83–5
Essential Commodities Act (1955), 61
Evotec, 6
External Commercial Borrowings, 9

F

Factories Act (1948), 48, 59, 81–2
Foreign Direct Investment, 8–9
Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 9
Foreign Exchange Management (Permissible Capital Account Transactions) Regulations, 9
Foreign Exchange Regulation Act, 52
Form 28, 92
full disclosure, 105

G

Genotypic Technology, 32
GlaxoSmithKline, 39, 103
Good Manufacturing Practice, 36, 92–3

H

Hazardous Wastes (Management and Handling) Rules (1989), 82
Hindustan Antibiotics, 52
Human Pharmacology Study, 95

I

iGATE Clinical Research International, 31
Income Tax Act (1961), 100
India
biopharma outsourcing evolution, 1–16
challenges faced by Indian companies in EHS compliance, 86–7
core competitive advantage in R&D in biopharma sector, 17–27
cost competitiveness, 18–20
resources and skill, 20–2
role of the government, 22–5
emerging hub of R&D outsourcing in pharmaceutical industry, 4
Environmental, Health and Safety Guidelines and, 83–5
reasons attributed to success, 6–8
cost efficiency, 8
linguistic compatibility, 7
medical infrastructure, 7
product patent regime, 8
reduced time to market, 7
strong banking system, 8
vast and diversified patient pool, 7
regulatory frameworks for drugs, 10–12
Directorate General of Health Services, 11
Indian Council of Medical Research, 10–11
State Licensing Authority, 11–12
Indian Council of Medical Research, 10–11, 48–9, 65
Indian Drugs and Pharmaceuticals Ltd., 52
Indian Patent Act (1978), 52
Indian Patents and Design Act (1970), 48, 59
Indian regulatory environment
Capacity Building Program: recent development, 62–5
biology research, 64
Clinicaltrials.gov, 65
Drugs and Cosmetics (Amendment) Bill (2007) 64–5
IP protection and regulation, 63
protocol, 64
tax, 63–4
Central Drugs Standard Control Organisation, 49
Clinical Trials Registry - India 65–7
mission, 65
vision, 66
Department of Biotechnology, 49–50
historical perspective, 45–55
implications of changing, 57–68
central government main functions, 61–2
state governments responsibilities, 62
Indian Council for Medical Research, 48–9
Indian Society of Clinical Research, 67
National Pharmaceutical Pricing Authority, 50–1
overview of the industry, 51–4
Indian Research Fund Association, 48
Indian Society for Clinical Research, 67
indirect third party, 6
Indoco, 75, 77
Industrial Disputes Act (1947), 13–14
Industries (Development and Regulation) Act (1951), 48, 59
infinitely flat organisation, 3
Information Technology Act (2000), 75
installation costs, 19
insurance, 77
Intellectual Property protection, 12
Intellectual Property Rights, 73–4
background rights, 74
foreground rights, 74
International Finance Corporation, 82
inverted organisation, 3
ISO 14001, 85
ISO 9001, 85

J

joint venture, 5, 6

L

large scale industries, 86

M

management representatives, 104
manpower costs, 19
manufacturing costs, 19
manufacturing licence, 91–2
Medicinal and Toilet Preparation (Excise Duties) Act (1955), 48
Medicines and Healthcare Products Regulatory Agency, 96
Medicines Control Council, 96
medium scale industries, 86
Metahelix, 32

N

Narcotic Drugs and Psychotropic Substances Act (1985), 47, 48, 60
National Biotechnology Development Strategy, 50
National Biotechnology Regulatory Authority, 95–6
National Institute of Medical Statistics, 11
National Institute of Pharmaceutical Education and Research, 23–4
National Pharmaceutical Pricing Authority, 50–1, 61
NDP New Drug Policy
network rganisation, 3
New Drug Policy (1978), 52
New Millennium Indian
Technology Leadership, 23
NMITL New Millennium Indian Technology Leadership
No-Objection Certificate, 93

O

Ociumum Biosolutions, 31
Official Gazette, 65
offshore outsourcing, 18
offshoring, 2
OHSAS 18001, 85
Organisation for Economic Cooperation and Development, 2
Organisation of Pharmaceutical Producers of India, 34
outsourcing, 1–2, 25
creating contracts in biopharma industry, 69–80
agreement drafting, 72–3
biopharma outsourcing, 69–70
preliminary documentation, 70–2
specific considerations in different types of agreements, 73–9
key issues involved, 8–14
applicable law and forum, 14
arbitration clauses and enforceability of award, 14
confidentiality provisions in employment contracts 13
employment laws, 13
foreign exchange regulation 9–10
foreign investment framework, 8–9
impact of global crisis, 8
Intellectual Property protection, 12
protection for workmen 14
regulatory framework for drugs in India, 10–12
taxation, 12
women’s employment rights, 14

P

Patents (Amendment) Act (2005), 54
Pfizer, 39, 40
pharma products
contract outsourcing manufacture, 75–7
assignment/sub-contracting, 76
confidentiality and data protection, 75
failure to supply, 77
financial or commercial terms, 76
insurance, 77
liability on recalls, 77
orders and forecasts, 76
out licensing of IP, 75
performance terms, 75–6
technology transfer, 75
terms of sale, 76–7
warranties and indemnities, 77
pharmaceutical industry
India as emerging hub of R&D outsourcing, 4
R&D outsourcing, 3–4
Pharmacy Act (1948), 48, 60
Pharmacy Council of India, 60
Pharmazones, 24–5
Phase I trial See Human Pharmacology Study
Poisons Act (1919), 46
Preferred Provider Agreement, 72
price competition, 5, 6
process development, 2
product development, 2
project selection, 5
protocol, 64

Q

questionnaire, 103–4

R

Ranbaxy, 30
re-engineering, 2
Research and Development, 2–3
India as the emerging hub in pharmaceutical industry, 3
India core competitive advantage in biopharma sector, 17–27
organisational patterns, 3
pharmaceutical industry, 3–4
Research Support International, 6

S

SB Pharmco Puerto Rico, 103
Schedule M, 92–3
Schedule Y, 94–5
Securities and Exchange Board Act (1992), 100
Securities and Exchange Board of India, 102
Securities and Exchange Board of India (Mutual Funds) Regulations (1996), 100
Securities Contract Regulation Act (1956), 100
Service Level Agreement, 78, 79
service providers
due diligence, 99–106
areas, 101–3
contents of report, 105
process, 103–5
utilised sources, 100–1
small scale industries, 86
sourcing, 2
spider’s web organisation, 3
starburst organisation, 3
State Drug Controllers, 62
State Drugs Inspectors, 62
State Industrial Development Corporations, 86
State Licensing Authority, 11–12, 94
Statement of Objects and Reasons of the Act of 1940, 46
strategic partnership, 5
subcontracting, 2
Suven Life Sciences, 31
Synchron, 31
Syngene, 32–3

T

T-Licence, 95
taxation, 12
term sheet, 71–2
Therapeutic Confirmatory Study
Therapeutic Exploratory Study, 95
Therapeutic Goods Administration
Trade and Merchandise Marks Act (1958), 48, 59
Trade-Related Aspects of Intellectual Property Rights, 53
Transfer of Property Act (1882), 100
Translational Health Science and Technology Institute, 24

V

vaccine, 58
Vision 2020 programme, 22–3

W

Water (Prevention and Control of Pollution Control) Act (1974), 82
Watson Pharma, 77
women’s employment rights, 14
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