Trips-Plus Free Trade Agreements And Access To Medicines

Young people and Kwon [25] used a measure of patent rights to assess the level of intellectual property protection in different countries and used regression analyses to examine the impact of intellectual property protection and other factors at the national and domestic level on access to medicines and the financial burden of purchasing… Drugs in low- and middle-income countries. Berndt and Cockburn [27] used time series analyses and focused on the effects of Indian policy on IP, which measures the delay in introducing innovative new drugs in India compared to Germany and the United States. Developing countries, non-governmental institutions and part of civil society are currently expressing their displeasure with the current “unfair” IP regime. Protesters say high-income countries such as the United States, Japan and the EU tend to prefer stricter forms of IP rules that are not designed and implemented to maximize innovation or research, but “to maximize the profits of large pharmaceutical companies capable of managing trade negotiations” (Stigliz, 2017). Stevens H, Huys I. Innovative approaches to improving access to medicines in developing countries. Before Med (Lausanne). doi.org/10.3389/fmed.2017.00218. In 2001, at the WTO Ministerial Conference in Doha, WTO members adopted a ministerial statement on the impact of the agreement on the affordability of medicines for people living in underdeveloped countries in their attempts to combat communicable diseases such as HIV, tuberculosis, malaria and other sexually transmitted diseases. While the declaration recognizes the role of intellectual property rights as an incentive for the creation of new drugs, it acknowledges concerns about their impact on the affordability of drugs.

The Doha Declaration reaffirms that “the TRIPS agreement does not prevent members from taking measures to protect public health” (World Health Organization, 2020). WTO members stressed the importance of interpreting the TRIPS agreement to promote access to medicines and the creation of new medicines. Therefore, Article 5 of the Doha Declaration confirms that WTO member states have the right to take measures such as compulsory licences or parallel imports to promote access to affordable medicines and their freedom to determine the reasons for compulsory licensing in the event of a national emergency, such as the HIV epidemic (World Trade Organization, 2001). Ex ante and ex post methods have advantages and limitations, and for the rest, the rest of the two species report, for the most part, higher prices and reduced consumer well-being by imposing intellectual property protection in trade agreements. The main differences between these studies are in the magnitude of the changes. There is a gap in our empirical understanding of the mechanisms by which such changes influence access to drugs and what are the most affected access outcomes, what types of changes in policy and intellectual property law. Dutta A. From free entry to patent protection: impact on the Indian pharmaceutical industry. Rev Econ Stat. 2011;93:160-78. Access to the real effects of changes in ip policy due to trade agreements on access to medicines, what would be the procedure, ex-ante or ex-post, more precise? Our findings show that both methods have advantages and limitations, and with respect to the rest, it seems clear that the two types of studies for the most part predict higher prices and a decrease in consumer well-being with the introduction of intellectual property in trade agreements. The main differences between these studies are in the magnitude of the changes.