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TRIPS and the international public health controversies: issues and challenges

Author

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  • Benjamin Coriat
  • Fabienne Orsi
  • Cristina d'Almeida

Abstract

The aim of this article is to contribute to an evaluation of the meaning and practical effects of the Trade-Related Intellectual Property Rights (TRIPS) agreement on public health issues. Section 2 presents the situation that prevailed for intellectual property (IP) protection in the pharmaceutical industry before the signing of the TRIPS, in both developed countries and developing countries (DCs). Section 3 is devoted to a presentation of the key changes that have taken place at the legal level with the signing of the TRIPS, providing an opportunity to highlight the way in which TRIPS has disrupted the existing situation by generating a series of serious tensions, notably in the relations between North and South countries. Section 4 is devoted to the new challenges posed by the post-2005 scenario, 2005 being the end of the transition period granted DCs to comply with the TRIPS requirements. Section 5, focusing on the Brazilian anti-AIDS program, tries to illustrate how the post-2005 scene has narrowed the margins for efficient action against the AIDS pandemics and put the Brazilian national public health program under strain. Copyright 2006, Oxford University Press.

Suggested Citation

  • Benjamin Coriat & Fabienne Orsi & Cristina d'Almeida, 2006. "TRIPS and the international public health controversies: issues and challenges," Industrial and Corporate Change, Oxford University Press, vol. 15(6), pages 1033-1062, December.
  • Handle: RePEc:oup:indcch:v:15:y:2006:i:6:p:1033-1062
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    Citations

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    Cited by:

    1. Fabienne Orsi & Jean-Benoît Zimmermann, 2011. "Propriété intellectuelle et globalisation: des TRIPS au modèle open-source. Les exemples des médicaments et du logiciel," Working Papers halshs-00561477, HAL.
    2. Montobbio, Fabio & Sterzi, Valerio, 2013. "The Globalization of Technology in Emerging Markets: A Gravity Model on the Determinants of International Patent Collaborations," World Development, Elsevier, vol. 44(C), pages 281-299.
    3. Fabio Montobbio & Annalisa Primi & Valerio Sterzi, 2015. "IPRs and International Knowledge Flows: Evidence from Six Large Emerging Countries," Tijdschrift voor Economische en Sociale Geografie, Royal Dutch Geographical Society KNAG, vol. 106(2), pages 187-204, April.
    4. Pallab Paul & Kausiki Mukhopadhyay, 2010. "Growth via Intellectual Property Rights Versus Gendered Inequity in Emerging Economies: An Ethical Dilemma for International Business," Journal of Business Ethics, Springer, vol. 91(3), pages 359-378, February.
    5. Jean-Paul Moatti & Bruno Ventelou, 2009. "Économie de la santé dans les pays en développement des paradigmes en mutation," Revue économique, Presses de Sciences-Po, vol. 60(2), pages 241-256.
    6. Abecassis, Philippe & Coutinet, Nathalie, 2015. "Médicaments génériques : pivot de la reconstruction de l’industrie pharmaceutique," Revue de la Régulation - Capitalisme, institutions, pouvoirs, Association Recherche et Régulation, vol. 17.
    7. Francesco Laforgia & Fabio Montobbio & Luigi Orsenigo, 2007. "IPRs, technological and industrial development and growth: the case of the pharmaceutical industry," KITeS Working Papers 206, KITeS, Centre for Knowledge, Internationalization and Technology Studies, Universita' Bocconi, Milano, Italy, revised Oct 2007.
    8. Giovanni Dosi & Joseph Stiglitz, 2013. "The Role of Intellectual Property Rights in the Development Process, with Some Lessons from Developed Countries: An Introduction," LEM Papers Series 2013/23, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy.

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