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Intellectual Property and the Availability of Pharmaceuticals in Poor Countries

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  • Jean O. Lanjouw

    (Center for Global Development)

Abstract

There continues to be widespread criticism of the extension of patent rights on pharmaceuticals in the developing world as required by World Trade Organization membership. This paper examines arguments in favor and against this strengthening of worldwide patent protection. It emphasizes that these new pharmaceutical patents promise benefits and costs that differ with the characteristics of diseases. Some diseases primarily affect poor countries. For these diseases, patents will not be sufficient to attract substantial private investment because purchasing power is low. However, globally available and well-defined patent rights could increase the benefits derived from greater public financing of research on pharmaceutical products for the developing world. For major global diseases the justification for extending patents in poorer countries is less clear. Thus the optimal global framework for pharmaceutical patents might require differentiating the protection given to products in accordance with their extremely different global markets. The paper considers standard intellectual property and regulatory mechanisms that could be used to differentiate protection. All have serious drawbacks. It then describes a new mechanism that would make differentiating protection a more feasible policy option.

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  • Jean O. Lanjouw, 2002. "Intellectual Property and the Availability of Pharmaceuticals in Poor Countries," Working Papers 5, Center for Global Development.
    • Handle: RePEc:cgd:wpaper:5
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    1. Rebecca Henderson & Iain Cockburn, 1996. "Scale, Scope, and Spillovers: The Determinants of Research Productivity in Drug Discovery," RAND Journal of Economics, The RAND Corporation, vol. 27(1), pages 32-59, Spring.
    2. Diwan, Ishac & Rodrik, Dani, 1991. "Patents, appropriate technology, and North-South trade," Journal of International Economics, Elsevier, vol. 30(1-2), pages 27-47, February.
    3. Deardorff, Alan V, 1992. "Welfare Effects of Global Patent Protection," Economica, London School of Economics and Political Science, vol. 59(233), pages 35-51, February.
    4. Lanjouw, J.O., 1997. "The Introduction of Pharmaceutical Product Patents in India: "Heartless Exploitation of the Poor and Suffering"?," Papers 775, Yale - Economic Growth Center.
    5. Michael Kremer, 2001. "Creating Markets for New Vaccines - Part I: Rationale," NBER Chapters, in: Innovation Policy and the Economy, Volume 1, pages 35-72, National Bureau of Economic Research, Inc.
    6. Josh Lerner, 2002. "150 Years of Patent Protection," American Economic Review, American Economic Association, vol. 92(2), pages 221-225, May.
    7. Michael Kremer, 2001. "Creating Markets for New Vaccines - Part II: Design Issues," NBER Chapters, in: Innovation Policy and the Economy, Volume 1, pages 73-118, National Bureau of Economic Research, Inc.
    8. David C. Mowery & Arvids A. Ziedonis, 2001. "Numbers, Quality, and Entry: How Has the Bayh-Dole Act Affected US University Patenting and Licensing?," NBER Chapters, in: Innovation Policy and the Economy, Volume 1, pages 187, National Bureau of Economic Research, Inc.
    9. Wesley M. Cohen & Richard R. Nelson & John P. Walsh, 2000. "Protecting Their Intellectual Assets: Appropriability Conditions and Why U.S. Manufacturing Firms Patent (or Not)," NBER Working Papers 7552, National Bureau of Economic Research, Inc.
    10. Lanjouw, Jean O. & Cockburn, Iain M., 2001. "New Pills for Poor People? Empirical Evidence after GATT," World Development, Elsevier, vol. 29(2), pages 265-289, February.
    11. Jayashree Watal, 2000. "Pharmaceutical Patents, Prices and Welfare Losses: Policy Options for India Under the WTO TRIPS Agreement," The World Economy, Wiley Blackwell, vol. 23(5), pages 733-752, May.
    12. Scherer, F M, 1972. "Nordhaus' Theory of Optimal Patent Life: A Geometric Reinterpretation," American Economic Review, American Economic Association, vol. 62(3), pages 422-427, June.
    13. Michael Kremer, 2002. "Pharmaceuticals and the Developing World," Journal of Economic Perspectives, American Economic Association, vol. 16(4), pages 67-90, Fall.
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    Cited by:

    1. Saradindu Bhaduri & Thomas Brenner, 2011. "Determinants of drug launch delay in pre-TRIPS India: A survival analysis approach," Working Papers on Innovation and Space 2011-05, Philipps University Marburg, Department of Geography.
    2. Padmashree Gehl Sampath, 2010. "Economic Aspects of Access to Medicines after 2005: Product Patent Protection and Emerging Firm Strategies in the Indian Pharmaceutical Industry," Working Papers id:3336, eSocialSciences.
    3. Margaret K. Kyle & Anita M. McGahan, 2012. "Investments in Pharmaceuticals Before and After TRIPS," The Review of Economics and Statistics, MIT Press, vol. 94(4), pages 1157-1172, November.
    4. Veronika Fenyves & Balazs Nyul & Krisztina Dajnoki & Zoltan Bacs & Gergo Tomori, 2019. "Profitability of Pharmaceutical Companies in the Visegrád Countries," Montenegrin Journal of Economics, Economic Laboratory for Transition Research (ELIT), vol. 15(4), pages 99-111.
    5. Ghauri, Pervez N. & Rao, P.M., 2009. "Intellectual property, pharmaceutical MNEs and the developing world," Journal of World Business, Elsevier, vol. 44(2), pages 206-215, April.
    6. Liping Fu & Shan Zhang & Fan Wu, 2022. "The Impact of Compensation Gap on Corporate Innovation: Evidence from China’s Pharmaceutical Industry," IJERPH, MDPI, vol. 19(3), pages 1-14, February.
    7. Fonseca, Elize Massard da & Shadlen, Kenneth C. & Achcar, Helena de Moraes, 2023. "Vaccine technology transfer in a global health crisis: Actors, capabilities, and institutions," Research Policy, Elsevier, vol. 52(4).
    8. Yaqub, Ohid & Nightingale, Paul, 2012. "Vaccine innovation, translational research and the management of knowledge accumulation," Social Science & Medicine, Elsevier, vol. 75(12), pages 2143-2150.
    9. Senra de Morais, Rafael Pinho, 2017. "Compulsory licensing of pharmaceuticals by the developing south," Economics Letters, Elsevier, vol. 161(C), pages 74-77.
    10. Saradindu Bhaduri & Thomas Brenner, 2013. "Examining the determinants of drug launch delay in pre-TRIPS India," The European Journal of Health Economics, Springer;Deutsche Gesellschaft für Gesundheitsökonomie (DGGÖ), vol. 14(5), pages 761-773, October.
    11. Gehl Sampath, Padmashree, 2003. "Designing National Regimes that Promote Public Health Objectives," UNU-INTECH Discussion Paper Series 2003-08, United Nations University - INTECH.
    12. Lubomira Radoilska, 2008. "Truthfulness and Business," Journal of Business Ethics, Springer, vol. 79(1), pages 21-28, April.
    13. Jean O. Lanjouw, 2004. "Propriété intellectuelle et développement ou comment imposer au monde un système perverti : commentaires," Revue d’économie du développement, De Boeck Université, vol. 12(3), pages 145-153.
    14. Scherer, F.M., 2010. "Pharmaceutical Innovation," Handbook of the Economics of Innovation, in: Bronwyn H. Hall & Nathan Rosenberg (ed.), Handbook of the Economics of Innovation, edition 1, volume 1, chapter 0, pages 539-574, Elsevier.
    15. Penin, Julien, 2005. "Patents versus ex post rewards: A new look," Research Policy, Elsevier, vol. 34(5), pages 641-656, June.
    16. Wright, Brian D. & Pardey, Philip G. & Nottenburg, Carol & Koo, Bonwoo, 2007. "Agricultural Innovation: Investments and Incentives," Handbook of Agricultural Economics, in: Robert Evenson & Prabhu Pingali (ed.), Handbook of Agricultural Economics, edition 1, volume 3, chapter 48, pages 2533-2603, Elsevier.
    17. Scherer, F. M., 2007. "Pharmaceutical Innovation," Working Paper Series rwp07-004, Harvard University, John F. Kennedy School of Government.
    18. Yaqub, Ohid, 2017. "Testing regimes in clinical trials: Evidence from four polio vaccine trajectories," Research Policy, Elsevier, vol. 46(2), pages 475-484.

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