IDEAS home Printed from https://ideas.repec.org/p/wpa/wuwple/0502003.html
   My bibliography  Save this paper

Global Diseases, Global Patents and Differential Treatment in WTO Law

Author

Listed:
  • Tapen Sinha

    (ITAM, Mexico)

  • Bradly J Condon

    (ITAM, Mexico)

Abstract

As of January 1, 2005, all developing country members of the WTO are required to implement the WTO Agreement on Trade Related Intellectual Property Rights (TRIPS). We analyze the issue of access to patented medicine to treat global and neglected diseases in developing countries in the context of WTO law. We present legal and economic arguments that support balancing the rights of producers and users on a market-by- market basis and argue against taking a uniform approach globally. We conclude that global patent rights are not necessary to provide research incentives to pharmaceutical firms to invent treatments for global and neglected diseases. We develop an analytical framework for assessing special and differential treatment of developing countries in WTO law and apply this framework to TRIPS. We then propose a formula for assessing the correct balance between the rights of producers and users on a market-by-market basis.

Suggested Citation

  • Tapen Sinha & Bradly J Condon, 2005. "Global Diseases, Global Patents and Differential Treatment in WTO Law," Law and Economics 0502003, EconWPA.
  • Handle: RePEc:wpa:wuwple:0502003
    Note: Type of Document - pdf; pages: 50
    as

    Download full text from publisher

    File URL: https://econwpa.ub.uni-muenchen.de/econ-wp/le/papers/0502/0502003.pdf
    Download Restriction: no

    More about this item

    Keywords

    WTO; TRIPS; AIDS; Chapter 6; HIV; Index Construction;

    JEL classification:

    • K - Law and Economics

    NEP fields

    This paper has been announced in the following NEP Reports:

    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:wpa:wuwple:0502003. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (EconWPA). General contact details of provider: http://econwpa.repec.org .

    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.

    We have no references for this item. You can help adding them by using 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.

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

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.