Secrecy, Monopoly, and Access to Pharmaceuticals in International Trade Law: Protection of Marketing Approval Data Under the TRIPs Agreement
نویسنده
چکیده
Among the many trade conoicts that divide the postindustrial economies of Europe, the United States, Japan, and the Commonwealth from the less information-driven economies of the rest of the world, one of the most consequential is the debate over how to balance access to medicines with the intellectual property protection demanded by their developers. Among the many facets of this debate is the question of whether pharmaceuticals, vaccines, biologics, and other therapeutic or preventative health consumables (to which this article will refer collectively as “drugs”1) should be patentable in developing countries. This debate was partly resolved by the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement), which allows signatories to exclude from patentability “diagnostic, therapeutic and surgical methods for the treatment of humans or animals”2 yet requires the patenting of pharmaceuticals after a transition period.3 Nonetheless, disagreement about access to medicines has plagued subsequent negotiations.4 The economically developed states, led by the United States, have demanded that WTO members cease liberal compulsory licensing practices and adopt patent protection regimes equivalent
منابع مشابه
The examination of intellectual right of medicinal plants and the issue of bio-theft due to agreement of TRIPS
Over the past two decades, the role of intellectual property rights in all areas of science and technology has exploded globally– primarily due to the rules prescribed by the World Trade Organization’s TRIPS and by bilateral/regional trade agreements. The TRIPS agreement obligates all WTO member countries to adopt and enforce minimum standards of intellectual property rights. The TRIPS agreemen...
متن کاملThe examination of intellectual right of medicinal plants and the issue of bio-theft due to agreement of TRIPS
Over the past two decades, the role of intellectual property rights in all areas of science and technology has exploded globally– primarily due to the rules prescribed by the World Trade Organization’s TRIPS and by bilateral/regional trade agreements. The TRIPS agreement obligates all WTO member countries to adopt and enforce minimum standards of intellectual property rights. The TRIPS agreemen...
متن کاملتسهیل دسترسی به دارو برای کشورهای در حال توسعه و کمتر توسعهیافته توسط سازمان تجارت جهانی با تأکید بر آخرین تحولات موافقتنامه تریپس
Today, with the rise of various diseases, the lives of human societies are more and more endangered. Therefore, the pharmaceutical industry is one of the most important industries to be supported in order to maintain the incentive to invent new drugs for dangerous and emerging diseases, as well as the incentive to produce widespread pharmaceuticals for inventors and investment companies in the ...
متن کاملUnfair competition under the TRIPS agreement: protection of data submitted for the registration of pharmaceuticals.
متن کامل
A fair deal for the future: flexibilities under TRIPS.
When the Uruguay Rounds concluded in 1994, many countries signed on to the trade agreements creating the World Trade Organization (WTO) in hopes of benefiting from a system of trade rules “dedicated to open, fair and undistorted competition” (1). WTO members also undertook to implement the TradeRelated Aspects of Intellectual Property Rights (TRIPS) Agreement. Developing countries, major develo...
متن کامل