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TRIPS+ IP Privileges for Pharmaceuticals and Agricultural Chemicals: EU and US Treaties

In: The European Union and the Evolving Architectures of International Economic Agreements

Author

Listed:
  • Hazel V. J. Moir

    (The Australian National University)

Abstract

Intellectual property (IP) privileges are one of the most contentious areas of international economic regulation. This chapter uses the example of pharmaceuticals to consider the question of balance in patent policy and how this is impacted by international trade negotiations. It reviews key provisions in TRIPS from the contrasting perspectives of inventors of new medicines and users of such medicines. A critical issue identified is the breadth of privilege granted to patent holders and the removal of prior social safeguards in TRIPS. Evidence from recent trade treaties and their negotiation shows how the interests of patent holders often prevail against the interests of patients and society. Closely related to patent privileges for pharmaceuticals are privileges regarding the use of clinical trial data to obtain marketing approval for medicines. Such privileges are also provided in TRIPS, and subsequent treaties, for agricultural chemicals. An interesting aspect emerging from the comparison of data protection privileges for these two product categories is that treaties embody protections to protect unnecessary testing on animals but not on humans.

Suggested Citation

  • Hazel V. J. Moir, 2023. "TRIPS+ IP Privileges for Pharmaceuticals and Agricultural Chemicals: EU and US Treaties," Springer Books, in: Ottavio Quirico & Katarzyna Kwapisz Williams (ed.), The European Union and the Evolving Architectures of International Economic Agreements, chapter 0, pages 185-207, Springer.
    • Handle: RePEc:spr:sprchp:978-981-99-2329-8_11
    DOI: 10.1007/978-981-99-2329-8_11
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