TRIPS and Pharmaceutical Patents : Effects on Access to Essential Medicine and Innovation
Kuosmanen, Lauri (2016)
Kuosmanen, Lauri
Metropolia Ammattikorkeakoulu
2016
Creative Commons Attribution-NoDerivs 1.0 Finland
Julkaisun pysyvä osoite on
https://urn.fi/URN:NBN:fi:amk-2016053010880
https://urn.fi/URN:NBN:fi:amk-2016053010880
Tiivistelmä
The purpose of this thesis is to examine how intellectual property rights and patent protection affect access to essential medicine and innovation. The focal point of this thesis is the Agreement on Trade-Related Aspects of Intellectual Property Rights, which has been implemented by all WTO members, thus covering most of international trade. This thesis mainly focuses on developing countries in need of essential medicine, as the potential restricting effects are the most drastic in these countries.
The public debate surrounding the TRIPS agreement has repeatedly brought up two contrasting notions. On one hand, patent protection is seen as restricting access to essential medicine, whereas on the other hand, it is seen as necessary to encourage research and development. Thus, this thesis focuses on a comparative analysis of these two contrasting notions in an effort to identify what could be done to ensure access to essential medicine without undermining future innovation.
The study relies on a qualitative analysis of secondary literary sources, including publications by the WTO, pertinent NGOs and the pharmaceutical industry. Existing quantitative analyses were also used to examine the relationship between patent protection and innovation.
This study finds that patent protection and the TRIPS agreement restrict access to essential medicine. Patent protection in itself is also unlikely to lead to the build-up of innovative capacities in developing countries. Furthermore, patent protection is unlikely to encourage the development of products that cater to markets, such as developing countries, which are unable to pay the high prices required to recoup the costs of research and development.
The study concludes that the TRIPS agreement could be amended to facilitate easier access to medicine in public health crises, while taking into account the commercial interests of the patent holder. Working within a TRIPS-system would also require increased public spending and charitable efforts to develop products that cater to developing countries. The effects of patent protection on innovation in the public sector is also identified as a topic of further studies.
The public debate surrounding the TRIPS agreement has repeatedly brought up two contrasting notions. On one hand, patent protection is seen as restricting access to essential medicine, whereas on the other hand, it is seen as necessary to encourage research and development. Thus, this thesis focuses on a comparative analysis of these two contrasting notions in an effort to identify what could be done to ensure access to essential medicine without undermining future innovation.
The study relies on a qualitative analysis of secondary literary sources, including publications by the WTO, pertinent NGOs and the pharmaceutical industry. Existing quantitative analyses were also used to examine the relationship between patent protection and innovation.
This study finds that patent protection and the TRIPS agreement restrict access to essential medicine. Patent protection in itself is also unlikely to lead to the build-up of innovative capacities in developing countries. Furthermore, patent protection is unlikely to encourage the development of products that cater to markets, such as developing countries, which are unable to pay the high prices required to recoup the costs of research and development.
The study concludes that the TRIPS agreement could be amended to facilitate easier access to medicine in public health crises, while taking into account the commercial interests of the patent holder. Working within a TRIPS-system would also require increased public spending and charitable efforts to develop products that cater to developing countries. The effects of patent protection on innovation in the public sector is also identified as a topic of further studies.