Access to Medicines v. IP Rights: World Regulatory Experiences

Abstract

The ratcheting up of international intellectual property erodes access to affordable medicines in developing countries. As a result, WTO began a process of multilateral re-regulation aiming to secure so-called "TRIPS flexibilities" (2001 Doha Declaration). However, an unworkable mechanism for importing generics under compulsory licence was designed within such process (2003 Decision). Reasonably, alternative policy options have to be considered.The TRIPS agreement standarizes multilateral propertization of intangibles. In this regard, the ratcheting the ratcheting up of global IP standards (read exclusive rights regimes) is exacerbating the historical tensions characterising patent protection. Conflicts of values and competing interests are severely confronted in socially sensitive areas 1 : the relationship of patent protection and access to affordable medicines in the developing world is one of these; here, more reasonable policies are needed to balance public health (rights of citizens-patients) and private property (rights of patent holders) in the field of life-saving or life-extending products.