Patents on Pharmaceutical Products in Fair International Economic Relations

Abstract Intellectual property right (IPR) negotiations during the Uruguay Round (UR) negotiations were characterized by significant disagreement between developed and developing countries. For developing countries, the WTO system might have gone too far on patents. It is particularly true for essen...

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Bibliographic Details
Published in:Perspectives on global development and technology 2019-05, Vol.18 (3), p.249-268
Main Author: Mah, Jai S
Format: Article
Language:English
Subjects:
Developing countries
Drugs
Fairness
GATT
Intellectual property
International economic relations
International economics
International trade
LDCs
Negotiation
Pharmaceuticals
Property rights
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Summary:Abstract Intellectual property right (IPR) negotiations during the Uruguay Round (UR) negotiations were characterized by significant disagreement between developed and developing countries. For developing countries, the WTO system might have gone too far on patents. It is particularly true for essential medicines critical to human life and health. The Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) of the WTO includes a few provisions on special and differential treatment (SDT) of developing countries. However, these do not specifically mention pharmaceutical products. Patentability of pharmaceutical products may be analysed in light of fairness. From the viewpoint of distributional fairness, this article derives several policy suggestions for pharmaceutical products in fair international economic relations.
ISSN:1569-1500
1569-1497
DOI:10.1163/15691497-12341521