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Addressing legal and political barriers to global pharmaceutical access: Options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards

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  • COHEN-KOHLER, JILLIAN CLARE
  • FORMAN, LISA
  • LIPKUS, NATHANIEL

Abstract

Despite myriad programs aimed at increasing access to essential medicines in the developing world, the global drug gap persists. This paper focuses on the major legal and political constraints preventing implementation of coordinated global policy solutions – particularly, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral and regional free trade agreements. We argue that several policy and research routes should be taken to mitigate the restrictive impact of TRIPS and TRIPS-plus rules, including greater use of TRIPS flexibilities, advancement of human rights, and an ethical framework for essential medicines distribution, and a broader campaign that debates the legitimacy of TRIPS and TRIPS-plus standards themselves.

Suggested Citation

  • Cohen-Kohler, Jillian Clare & Forman, Lisa & Lipkus, Nathaniel, 2008. "Addressing legal and political barriers to global pharmaceutical access: Options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the impo," Health Economics, Policy and Law, Cambridge University Press, vol. 3(3), pages 229-256, July.
    • Handle: RePEc:cup:hecopl:v:3:y:2008:i:03:p:229-256_00
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    Cited by:

    1. Volman, Lucas, 2018. "The TRIPS Article 31 Tug of War Developing Country Compulsory Licensing of Pharmaceutical Patents and Developed Country Retaliation," LawArXiv 6cxaj, Center for Open Science.
    2. Ramani, Shyama V. & Urias, Eduardo, 2015. "Access to critical medicines: When are compulsory licenses effective in price negotiations?," Social Science & Medicine, Elsevier, vol. 135(C), pages 75-83.
    3. Ezgi Demir & Peter M. Bican, 2023. "Patents and Sustainable Medical Treatment in Developing Countries: Lessons from COVID-19 Vaccines," Sustainability, MDPI, vol. 15(4), pages 1-19, February.

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