IDEAS home Printed from https://ideas.repec.org/p/osf/lawarc/6cxaj_v1.html

The TRIPS Article 31 Tug of War Developing Country Compulsory Licensing of Pharmaceutical Patents and Developed Country Retaliation

Author

Listed:
  • Volman, Lucas

Abstract

My dissertation examines compulsory licensing under Article 31 of the TRIPS Agreement by looking at the use of such licensing by developing countries, as well as retaliatory and restrictive measures imposed by developed countries. In doing so, it looks at the right to health, and price and intellectual property considerations for access to medicines in developing countries. It further explores the TRIPS compulsory licensing rules themselves to present compulsory licensing as a legitimate, and at times necessary, policy measure under international law. Then, it examines how compulsory licensing has been used and restricted since TRIPS, and how the compulsory licence relates to voluntary licensing and international free trade agreements, both of which are factors for the development of compulsory licensing strategies in developing countries.

Suggested Citation

  • Volman, Lucas, 2018. "The TRIPS Article 31 Tug of War Developing Country Compulsory Licensing of Pharmaceutical Patents and Developed Country Retaliation," LawArchive 6cxaj_v1, Center for Open Science.
    • Handle: RePEc:osf:lawarc:6cxaj_v1
    DOI: 10.31219/osf.io/6cxaj_v1
    as

    Download full text from publisher

    File URL: https://osf.io/download/5b4ddac4778458000d070441/
    Download Restriction: no
    File URL: https://libkey.io/10.31219/osf.io/6cxaj_v1?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Tommaso M. Valletti & Stefan Szymanski, 2006. "Parallel Trade, International Exhaustion And Intellectual Property Rights: A Welfare Analysis," Journal of Industrial Economics, Wiley Blackwell, vol. 54(4), pages 499-526, December.
    2. Dan Ciuriak & Jingliang Xiao & Ali Dadkhah, 2017. "Quantifying the Comprehensive and Progressive Agreement for Trans-Pacific Partnership," East Asian Economic Review, Korea Institute for International Economic Policy, vol. 21(4), pages 343-384.
    3. Henry Grabowski, 2002. "Patents, Innovation and Access to New Pharmaceuticals," Journal of International Economic Law, Oxford University Press, vol. 5(4), pages 849-860, December.
    4. John Tasioulas, 2017. "The Minimum Core of the Human Right to Health," World Bank Publications - Reports 29143, The World Bank Group.
    5. Grabowski, Henry, 2002. "Patents, Innovation and Access to New Pharmaceuticals," Working Papers 02-28, Duke University, Department of Economics.
    6. repec:adr:anecst:y:1998:i:49-50:p:19 is not listed on IDEAS
    7. F. M. Scherer, 1998. "The Size Distribution of Profits from Innovation," Annals of Economics and Statistics, GENES, issue 49-50, pages 495-516.
    8. Jon Sussex & Adrian Towse & Nancy Devlin, 2013. "Operationalizing Value-Based Pricing of Medicines," PharmacoEconomics, Springer, vol. 31(1), pages 1-10, January.
    9. Bale, Harvey, Jr, 1998. "The Conflicts between Parallel Trade and Product Access and Innovation: The Case of Pharmaceuticals," Journal of International Economic Law, Oxford University Press, vol. 1(4), pages 637-653, December.
    10. Margaret K. Kyle, 2007. "Pharmaceutical Price Controls and Entry Strategies," The Review of Economics and Statistics, MIT Press, vol. 89(1), pages 88-99, February.
    11. Ramani, Shyama V. & Urias, Eduardo, 2018. "When access to drugs meets catch-up: Insights from the use of CL threats to improve access to ARV drugs in Brazil," Research Policy, Elsevier, vol. 47(8), pages 1538-1552.
    12. 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.
    13. Jean O. Lanjouw, 2005. "Patents, Price Controls and Access to New Drugs: How Policy Affects Global Market Entry," Working Papers 61, Center for Global Development.
    14. Jillian Clare Cohen & Kristina M. Lybecker, 2005. "AIDS Policy and Pharmaceutical Patents: Brazil's Strategy to Safeguard Public Health," The World Economy, Wiley Blackwell, vol. 28(2), pages 211-230, February.
    15. Mazzoleni, Roberto & Nelson, Richard R., 1998. "The benefits and costs of strong patent protection: a contribution to the current debate," Research Policy, Elsevier, vol. 27(3), pages 273-284, July.
    16. Yamin, A.E., 2005. "The right to health under international law and its relevance to the United States," American Journal of Public Health, American Public Health Association, vol. 95(7), pages 1156-1161.
    17. Reed Beall & Randall Kuhn, 2012. "Trends in Compulsory Licensing of Pharmaceuticals Since the Doha Declaration: A Database Analysis," PLOS Medicine, Public Library of Science, vol. 9(1), pages 1-9, January.
    18. 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.
    19. Akaleephan, Chutima & Wibulpolprasert, Suwit & Sakulbumrungsil, Rungpetch & Luangruangrong, Paithip & Jitraknathee, Anchalee & Aeksaengsri, Achara & Udomaksorn, Siripa & Tangcharoensathien, Viroj & Ta, 2009. "Extension of market exclusivity and its impact on the accessibility to essential medicines, and drug expense in Thailand: Analysis of the effect of TRIPs-Plus proposal," Health Policy, Elsevier, vol. 91(2), pages 174-182, July.
    20. Suzanne Zhou, 2016. "Challenging the Use of Special 301 against Measures Promoting Access to Medicines: Options Under the WTO Agreements," Journal of International Economic Law, Oxford University Press, vol. 19(1), pages 51-86.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Volman, Lucas, 2018. "The TRIPS Article 31 Tug of War Developing Country Compulsory Licensing of Pharmaceutical Patents and Developed Country Retaliation," LawRxiv 6cxaj, Center for Open Science.
    2. Kamal Saggi, 2016. "Trade, Intellectual Property Rights, and the World Trade Organization," Vanderbilt University Department of Economics Working Papers 16-00014, Vanderbilt University Department of Economics.
    3. Eric W. Bond & Kamal Saggi, 2023. "Compulsory licensing, price controls, and access to patented foreign products," World Scientific Book Chapters, in: Kamal Saggi (ed.), Technology Transfer, Foreign Direct Investment, and the Protection of Intellectual Property in the Global Economy, chapter 19, pages 437-448, World Scientific Publishing Co. Pte. Ltd..
    4. Eric W Bond & Kamal Saggi, 2017. "Price controls versus compulsory licensing: effects on patent-holders and consumers," Vanderbilt University Department of Economics Working Papers 17-00013, Vanderbilt University Department of Economics.
    5. Eric W. Bond & Kamal Saggi, 2023. "Bargaining over Entry with a Compulsory License Deadline: Price Spillovers and Surplus Expansion," World Scientific Book Chapters, in: Kamal Saggi (ed.), Technology Transfer, Foreign Direct Investment, and the Protection of Intellectual Property in the Global Economy, chapter 20, pages 449-480, World Scientific Publishing Co. Pte. Ltd..
    6. Margaret Kyle & Qian Yi, 2014. "Intellectual property rights and access to innovation: evidence from TRIPS," Working Papers hal-01952690, HAL.
    7. Eduardo Urias & Shyama V. Ramani, 2020. "Access to medicines after TRIPS: Is compulsory licensing an effective mechanism to lower drug prices? A review of the existing evidence," Journal of International Business Policy, Palgrave Macmillan, vol. 3(4), pages 367-384, December.
    8. Giorgio Matteucci & Pierfrancesco Reverberi, 2011. "Parallel trade and its impact on incentives to invest in product quality," DIS Technical Reports 2011-05, Department of Computer, Control and Management Engineering, Universita' degli Studi di Roma "La Sapienza".
    9. Lorenz, Steffi, 2015. "Diversität und Verbundenheit der unternehmerischen Wissensbasis: Ein neuartiger Messansatz mit Indikatoren aus Innovationsprojekten," Discussion Papers on Strategy and Innovation 15-01, Philipps-University Marburg, Department of Technology and Innovation Management (TIM).
    10. Bennato, Anna Rita & Valletti, Tommaso, 2014. "Pharmaceutical innovation and parallel trade," International Journal of Industrial Organization, Elsevier, vol. 33(C), pages 83-92.
    11. Ramani, Shyama V. & Urias, Eduardo, 2018. "When access to drugs meets catch-up: Insights from the use of CL threats to improve access to ARV drugs in Brazil," Research Policy, Elsevier, vol. 47(8), pages 1538-1552.
    12. Nebibe Varol & Joan Costa-i-Font & Alistair McGuire, 2011. "Explaining Early Adoption on New Medicines: Regulation, Innovation and Scale," CESifo Working Paper Series 3459, CESifo.
    13. Luiz Andrade & Catherine Sermet & Sylvain Pichetti, 2016. "Entry time effects and follow-on drug competition," The European Journal of Health Economics, Springer;Deutsche Gesellschaft für Gesundheitsökonomie (DGGÖ), vol. 17(1), pages 45-60, January.
    14. Patricia M. Danzon & Eric L. Keuffel, 2014. "Regulation of the Pharmaceutical-Biotechnology Industry," NBER Chapters, in: Economic Regulation and Its Reform: What Have We Learned?, pages 407-484, National Bureau of Economic Research, Inc.
    15. Mary Olson, 2013. "Eliminating the U.S. drug lag: Implications for drug safety," Journal of Risk and Uncertainty, Springer, vol. 47(1), pages 1-30, August.
    16. Eric W. Bond & Kamal Saggi, 2023. "Patent protection in developing countries and global welfare: WTO obligations versus flexibilities," World Scientific Book Chapters, in: Kamal Saggi (ed.), Technology Transfer, Foreign Direct Investment, and the Protection of Intellectual Property in the Global Economy, chapter 22, pages 505-520, World Scientific Publishing Co. Pte. Ltd..
    17. Fabio Pammolli & Armando Rungi, 2016. "Access to Medicines and European Market Integration," Working Papers 01/2016, IMT School for Advanced Studies Lucca, revised Jan 2016.
    18. Watal, Jayashree & Dai, Rong, 2019. "Product patents and access to innovative medicines in a post-trips-era," WTO Staff Working Papers ERSD-2019-05, World Trade Organization (WTO), Economic Research and Statistics Division.
    19. Stefan Stremersch & Aurélie Lemmens, 2009. "Sales Growth of New Pharmaceuticals Across the Globe: The Role of Regulatory Regimes," Marketing Science, INFORMS, vol. 28(4), pages 690-708, 07-08.
    20. 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.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:osf:lawarc:6cxaj_v1. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: OSF (email available below). General contact details of provider: https://lawarchive.info/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.