Assessing Access to Medicines in Preferential Trade Agreements: From the Trans-Pacific Partnership to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Pusceddu, Piergiuseppe

doi:10.1007/s40319-018-0758-3

Cited by 6 publications

(7 citation statements)

References 39 publications

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“…After the withdrawal of the USA, the future of TPP looked uncertain until negotiations resumed at Hanoi, Vietnam, in May 2017, between the remaining eleven TPP partners under Japan’s leadership (Pusceddu, 2018). A new agreement called the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) was concluded in Tokyo, Japan, on 23 January 2018 (Yu, 2020).…”

Section: Ftas and Harmonisation Demands: Challenges For Indiamentioning

confidence: 99%

“…A new agreement called the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) was concluded in Tokyo, Japan, on 23 January 2018 (Yu, 2020). Its text was announced in February 2018, and it was signed in March 2018 (Pusceddu, 2018). Some of the controversial provisions of the TPP, like data exclusivity provisions and patent term extensions, have been suspended in the transition from the TPP to the CPTPP (Pusceddu, 2018; Townsend et al, 2018; Yu, 2020).…”

Section: Ftas and Harmonisation Demands: Challenges For Indiamentioning

confidence: 99%

“…Its text was announced in February 2018, and it was signed in March 2018 (Pusceddu, 2018). Some of the controversial provisions of the TPP, like data exclusivity provisions and patent term extensions, have been suspended in the transition from the TPP to the CPTPP (Pusceddu, 2018; Townsend et al, 2018; Yu, 2020). The presence of such provisions in the intellectual property chapter is still a problem for weaker members of CPTPP because ‘the suspension itself is not definitive and may not ensure that said provisions will remain suspended in the future’ (Pusceddu, 2018).…”

Section: Ftas and Harmonisation Demands: Challenges For Indiamentioning

confidence: 99%

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India’s Distinct but Opposing Patent Model Is Under Pressure: Prospects and Challenges in the Global Arena

Abbas

2024

India Quarterly: A Journal of International Affairs

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The Indian patent model is a powerful and well-balanced model that not only complies with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) but also considers domestic needs and national interest. This study endorses India’s approach of fully availing itself of public health flexibilities provided in the TRIPS Agreement. India’s well thought out patent model contradicts with the pro-patentee approaches taken by the European Union, the USA and Japan. This study emphasises the challenges and pressures faced by the Indian patent model because of the closer harmonisation agenda being pushed by some high-income countries through bilateral and multilateral free trade agreements. This study argues that in order to effectively respond to harmonisation demands, India needs to be proactive in terms of building regional coalitions and transmitting its model to other like-minded Association of Southeast Asian Nations (ASEAN) countries with similar interests. This is a viable approach because most of the ASEAN countries, despite different levels of development and industry, are facing similar challenges in terms of universal access to affordable medicines.

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Section: Ftas and Harmonisation Demands: Challenges For Indiamentioning

confidence: 99%

Section: Ftas and Harmonisation Demands: Challenges For Indiamentioning

confidence: 99%

Section: Ftas and Harmonisation Demands: Challenges For Indiamentioning

confidence: 99%

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India’s Distinct but Opposing Patent Model Is Under Pressure: Prospects and Challenges in the Global Arena

Abbas

2024

India Quarterly: A Journal of International Affairs

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“…After the USA withdrawal, several provisions were suspended including key TRIPS-plus settings which could be reintroduced by agreement amongst the parties if the Biden Administration decides to rejoin. Patent linkage is not one of the suspended provisions 122 and would require Thailand to update its Patent Law if they were to join the CPTPP. The TRIPS-plus suspended clauses include:…”

Section: Thailand Trips-plus Ftasmentioning

confidence: 99%

Lessons from India and Thailand for Cambodia's future implementation of the TRIPS Agreement for pharmaceutical patents

Tenni

Lexchin

Phin

et al. 2023

World Intellectual Property

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Cambodia is expected to graduate from least developed country (LDC) status in the near future, at which time it will be required to make patents available for pharmaceutical products and processes to meet its obligations under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Given its impending transition from LDC status, there is a need to balance Cambodia's intellectual property (IP) policies and regulations with public health priorities to ensure access to affordable life-saving medicines. This will be critical to achieving universal health coverage, one of the United Nations' Sustainable Development Goals. This paper examines Cambodia's IP laws and regulations to identify provisions which could reduce access to affordable generic medicines when it starts to grant patents for pharmaceuticals. It systematically compares Cambodia's IP laws and regulations applicable to patents with those of Thailand and India-two developing countries which have had some successes in preserving access to medicines despite the introduction of pharmaceutical patents. It identifies lessons for Cambodia from the experiences of Thailand and India in implementing TRIPS and using TRIPS flexibilities such as compulsory licensing to

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“…However, both Canada and Mexico were, to some extent, able to protect some of their interests. As argued by Labonté and his colleagues, the ratcheting up of intellectual property rules is indeed a symptom of a more extensive disorder, which reveals the deteriorating imbalance in the global intellectual property regime [7]. In the United States, for instance, despite the legislative proposal to the congress to spool back the current 12year market exclusivity for biologic drugs to 7 years, nothing has changed.…”

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confidence: 99%

Revisiting the public health implications of the United States–Mexico– Canada agreement

Adekola

2020

Global Health

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This commentary reexamines a recent article by Labonté et al on the recent changes to two relevant provisions relating to patent rights in the final version of the United-States-Mexico-Canada Agreement (USMCA). Although the USMCA's final revised version does not add more pharmaceutical patent protection than those that already exist in the three trading partners, the agreement has done little to enhance access to generic medicines and biosimilars.

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Assessing Access to Medicines in Preferential Trade Agreements: From the Trans-Pacific Partnership to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Abstract: The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP or TPP11) is a trade agreement between Australia,

Cited by 6 publications

References 39 publications

India’s Distinct but Opposing Patent Model Is Under Pressure: Prospects and Challenges in the Global Arena

India’s Distinct but Opposing Patent Model Is Under Pressure: Prospects and Challenges in the Global Arena

Lessons from India and Thailand for Cambodia's future implementation of the TRIPS Agreement for pharmaceutical patents

Revisiting the public health implications of the United States–Mexico– Canada agreement

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