Access to Affordable Medicines and the TRIPS Agreement

Gamharter, Katharina

doi:10.1007/978-3-7091-0545-0_2

Cited by 2 publications

(1 citation statement)

References 53 publications

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“…Patenting pharmaceutical products in developing countries has raised global public health concerns. Market exclusivity rights will make patented pharmaceutical products more expensive (Gamharter, 2004). That meant restricting the access of poorer populations to essential medicines, particularly where there is high prevalence of diseases that require expensive or prolonged treatment.…”

Section: The Trips Agreement Patent Protection and Pharmaceuticalsmentioning

confidence: 99%

Agreement on Trade-Related Aspects of Intellectual Property Rights and Access to Medication: Does Egypt Have Sufficient Safeguards Against Potential Public Health Implications of the Agreement

Wanis

2010

The Journal of World Intellectual Property

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The implementation of the Agreement on Trade‐Related Aspects of Intellectual Property Rights (TRIPS Agreement) in Egypt raised concerns over public health implications, resulting from pharmaceutical patents, especially because the Egyptian pharmaceutical industry is heavily dependent on generic production. The current level of global competition in the pharmaceutical market, together with the lack of local pharmaceutical research, threaten the industry, and, as a result, access to affordable medication is expected to be impaired. Determinants of access to medicines are analysed. An epidemiological overview of the most prevalent diseases in Egypt has been done in light of the results of surveys about changes in medicine prices and availability, to speculate about potential limitations in access to medicines. Considering domestic pharmaceutical pricing and marketing regulations, which are mainly concerned with affordability, together with the flexibilities in the TRIPS Agreement, short‐term solutions to potential access problems will be possible. Egypt has the necessary theoretical safeguards against negative implications of the TRIPS Agreement on access to treatment. However, this does not necessarily mean that these safeguards will be implemented in a way that will protect against the implications of patent protection on medicines in the long term.

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Section: The Trips Agreement Patent Protection and Pharmaceuticalsmentioning

confidence: 99%

Agreement on Trade-Related Aspects of Intellectual Property Rights and Access to Medication: Does Egypt Have Sufficient Safeguards Against Potential Public Health Implications of the Agreement

Wanis

2010

The Journal of World Intellectual Property

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Governance and regulation of local working requirement and importation: Pharmaceutical industry study

Roisah

Rahayu

Darminto

et al. 2022

JGR

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This paper aims to analyze the governance and regulation of local working requirement (LWR) and importation of pharmaceutical products in Indonesia. Based on the theoretical perspectives of Cottier and Panizzon (2004) and Champ and Attaran (2002), this study aims to analyze the important role of patents through LWR and importation, both directly or indirectly to facilitate the transfer of technology and to stimulate technology transfer with the availability of technology information through patent documents. The research was conducted by using a qualitative descriptive-analytical method. A doctrinal approach was used in this study in the context of reviewing the laws and regulations in the field of patents, the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter TRIPS Agreement), health law, and its derivative regulations. The theory used in this study is about the politics of patent law which focuses on the national interest to pursue local production of patented inventions. The results showed that LWR, pharmaceutical importations provisions, and intellectual property rights law policies as a whole in Indonesia need to be harmonized and integrated with policies on technology transfer, industrial development, trade, and investment. The results underscore the main way in which LWR can contribute directly to the transfer of technology in developing countries.

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Access to Affordable Medicines and the TRIPS Agreement

Cited by 2 publications

References 53 publications

Agreement on Trade-Related Aspects of Intellectual Property Rights and Access to Medication: Does Egypt Have Sufficient Safeguards Against Potential Public Health Implications of the Agreement

Agreement on Trade-Related Aspects of Intellectual Property Rights and Access to Medication: Does Egypt Have Sufficient Safeguards Against Potential Public Health Implications of the Agreement

Governance and regulation of local working requirement and importation: Pharmaceutical industry study

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