Políticas globales sobre patentes farmacéuticas y salud pública: hechos y ficciones/Global Policies on Pharmaceutical Patent Protection and Public Health: Facts and Fictions

The internationalization of intellectual property protection (fuelled by the pressure of industry lobbies) is eroding access to medicines in developing countries. As a result, a process of multilateral re-regulation under TRIPS has taken place suspending legal provisions [article 31(f)] as well as e...

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Bibliographic Details
Published in:Anuario español de derecho internacional 2012-01, Vol.28, p.185
Main Author: Miguel, Pablo Zapatero
Format: Article
Language:Spanish
Subjects:
Developing countries
Generic drugs
Globalization
LDCs
Pharmaceuticals
Studies
Textiles
Trade policy
Trade restrictions
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Summary:The internationalization of intellectual property protection (fuelled by the pressure of industry lobbies) is eroding access to medicines in developing countries. As a result, a process of multilateral re-regulation under TRIPS has taken place suspending legal provisions [article 31(f)] as well as establishing a mechanism to allow the importation and exportation of generics towards developing countries (without sufficient pharmaceutical manufacturing capacity). However, the solutions adopted under this regulatory experience have not been effective. In order to design effective solutions to this type of highly sensible social issues, specialized domestic agencies (i.e. Ministers of Health and Ministers of Economy) and their global institutions (i.e. WHO, WIPO, and WTO) are called to cooperate more in global rulemaking and policy formation.
ISSN:2173-3775
2254-660X