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TRIPS and Special & Differential Treatment – Revisiting the Case for Derogations in Applying Patent Protection for Pharmaceuticals in Developing Count

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  • Holmes, Peter
  • Lopez-Gonzalez, Javier
  • MILE 02, Anirudh Shingal

Abstract

In this paper we apply an implicit threshold approach, malleable to the principle of graduation, toidentify countries that should benefit from derogations from WTO TRIPS commitments forpharmaceutical patents under the tenets of Special and Differential Treatment. This is based on theidentification of four broad constraints loosely classified as; economic constraints; access topharmaceuticals; capacity constraints; and incidence of health outcomes. We identify these by meansof analytical criteria and create a composite index that ranks countries according to the observedconstraints which delimit the capabilities and desirability of implementing TRIPs disciplines. Wediscuss the use of negotiated weights and thresholds in determining participation and graduation intogeneral provisions of the agreement. It follows that countries below the chosen threshold should beexempt from these hence receiving Special and Differential Treatment. 

Suggested Citation

  • Holmes, Peter & Lopez-Gonzalez, Javier & MILE 02, Anirudh Shingal, 2011. "TRIPS and Special & Differential Treatment – Revisiting the Case for Derogations in Applying Patent Protection for Pharmaceuticals in Developing Count," Papers 238, World Trade Institute.
    • Handle: RePEc:wti:papers:238
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    References listed on IDEAS

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    1. Deardorff, A.V, 1990. "Should Patent Protection Be Extended To All Countries?," Working Papers 259, Research Seminar in International Economics, University of Michigan.
    2. Cottier, Thomas, 1998. "The Protection of Genetic Resources and Traditional Knowledge: Towards More Specific Rights and Obligations in World Trade Law," Journal of International Economic Law, Oxford University Press, vol. 1(4), pages 555-584, December.
    3. Keck, Alexander & Low, Patrick, 2004. "Special and differential treatment in the WTO: Why, when and how?," WTO Staff Working Papers ERSD-2004-03, World Trade Organization (WTO), Economic Research and Statistics Division.
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    5. Thomas Cottier, 2006. "From Progressive Liberalization to Progressive Regulation in WTO Law," Journal of International Economic Law, Oxford University Press, vol. 9(4), pages 779-821, December.
    6. Lybbert, Travis J., 2002. "On assessing the cost of TRIPS implementation," World Trade Review, Cambridge University Press, vol. 1(3), pages 309-321, November.
    7. 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.
    8. Keith E. Maskus & Yongmin Chen, 2004. "Vertical Price Control and Parallel Imports: Theory and Evidence," Review of International Economics, Wiley Blackwell, vol. 12(4), pages 551-570, September.
    9. 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.
    10. Alan V. Deardorff, 1990. "Should Patent Protection Be Extended to All Developing Countries?," The World Economy, Wiley Blackwell, vol. 13(4), pages 497-508, December.
    11. Holmes, Peter & Lopez-Gonzalez, Javier, 2011. "Towards a New Age in Special and Differential Treatment," Papers 239, World Trade Institute.
    12. repec:fth:michin:259 is not listed on IDEAS
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    1. Holmes, Peter & Lopez-Gonzalez, Javier, 2011. "Towards a New Age in Special and Differential Treatment," Papers 239, World Trade Institute.

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