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Designing National Regimes that Promote Public Health Objectives

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  • Gehl Sampath, Padmashree

    () (United Nations University, Institute for New Technologies)

Abstract

The Agreement on Trade Related Aspects on Intellectual Property Rights, 1995, has introduced several mandatory changes to patent protection on pharmaceuticals that can affect health care and delivery in developing countries. The potential detrimental impacts of such IPR protection raise three major concerns for developing countries in the area of public health: (a) How can developing countries deal with price increases that can result from increased patent protection to ensure access to and availability of essential medicines in the future? (b) How can developing countries deal with any negative impacts that intellectual property rights may have on restricting their space for innovation and learning in the pharmaceutical sector? If intellectual property rights are not sufficient incentives, what other instruments can developing countries look up to, in order to foster research into diseases of importance to their populations? Given that IPRs form an integral part of technology policy, for a good technology policy that promotes the goal of public health, options within the IPR system are no doubt very important, but options outside the IPR system which help developing countries achieve their development objectives are equally important. The main focus of this paper is to explore options outside IPR regimes that can help achieve flexibility, such as parallel imports and compulsory licensing, in addition to many others in the realm of competition law and policy, for developing countries to be able to pursue technology policies that guarantee public health

Suggested Citation

  • Gehl Sampath, Padmashree, 2003. "Designing National Regimes that Promote Public Health Objectives," UNU-INTECH Discussion Paper Series 8, United Nations University - INTECH.
  • Handle: RePEc:unm:unuint:200308
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    File URL: http://www.intech.unu.edu/publications/discussion-papers/2003-8.pdf
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    References listed on IDEAS

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    1. Malueg, David A. & Schwartz, Marius, 1994. "Parallel imports, demand dispersion, and international price discrimination," Journal of International Economics, Elsevier, vol. 37(3-4), pages 167-195, November.
    2. 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.
    3. Suzanne Scotchmer & Jerry Green, 1990. "Novelty and Disclosure in Patent Law," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 131-146, Spring.
    4. Sunil Kanwar & Robert Evenson, 2003. "Does intellectual property protection spur technological change?," Oxford Economic Papers, Oxford University Press, vol. 55(2), pages 235-264, April.
    5. 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.
    6. F. M. Scherer, 1993. "Pricing, Profits, and Technological Progress in the Pharmaceutical Industry," Journal of Economic Perspectives, American Economic Association, vol. 7(3), pages 97-115, Summer.
    7. Primo Braga, Carlos A & Fink, Carsten, 1998. "Reforming Intellectual Property Rights Regimes: Challenges for Developing Countries," Journal of International Economic Law, Oxford University Press, vol. 1(4), pages 537-554, December.
    8. Suzanne Scotchmer, 1991. "Standing on the Shoulders of Giants: Cumulative Research and the Patent Law," Journal of Economic Perspectives, American Economic Association, vol. 5(1), pages 29-41, Winter.
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    Cited by:

    1. Vaitsos, Constantine V., 2003. "Growth Theories Revisited: Enduring Questions with Changing Answers," UNU-INTECH Discussion Paper Series 9, United Nations University - INTECH.

    More about this item

    Keywords

    TRIPS; IPRs; Intellectual Property; Agreements; Trade; Pharmaceuticals; Developing Countries; Drug Prices; Technology Policy; Innovation;

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