Globalization, Intellectual Property Rights, and Pharmaceuticals: Meeting the Challenges to Addressing Health Gaps in the New International Environment

Shadlen, Kenneth C.; Guennif, Samira; Guzmán, Alenka; Lalitha, N.

doi:10.4337/9780857938619.00006

Cited by 3 publications

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“…Third, having invested financially and undertaken the risk associated with the development and research of a new drug, a patent secures the inventor's interest against imitation and commercial appropriation of inventive results, because new drugs can quickly be reverse engineered and reproduced in bulk (Leveque & Ménière, , p. 21; Scherer, , p. 8). This argument leads commentators to point out that a patent is significant to pharmaceutical firms because it is an effective tool to ward off and control competition (Bessen & Meurer, , p. 10; Shadlen et al, , p. 2) . Other studies attempt to make a compelling case for the argument that the pharmaceutical sector regards patents as particularly important to a high rate of drug research and production…”

Section: Part Ii: Patents the Trips Agreement And Access To Essentimentioning

confidence: 99%

“…This means that the ability of developing countries to respond to the incentive rationale of a patent is unlikely (Avafia, Berger, & Hartzenberg, ) . WIPO recorded for instance that more than 80% of patent applications for pharmaceuticals, pharma‐chemicals, and biotechnology in the period 1995–2006 originated from six countries—the United States, Japan, Germany, France, UK, and Switzerland (Shadlen, Guennif, Guzmán, & Lalitha, , p. 2). Clearly, then, patents are crucial policy instruments in guaranteeing the returns on investment in the pharmaceutical sector of the more industrial countries.…”

Section: Part Ii: Patents the Trips Agreement And Access To Essentimentioning

confidence: 99%

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A re‐evaluation of the framework for the protection of patents, women’s health in Nigeria and the issue of accessing pharmaceutical innovation in Africa: Designing strategies for medicines

Mike

2019

World Intellectual Property

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The objective of this study is to make a case for Nigerian women to have access essential medicines in light of patent protection of pharmaceuticals. Consequently, this study argues for an improvement of women's access to medicines within the context of patent law and rights, the available flexibilities in the international IP regime of the Trade Related Aspect of Intellectual Property Rights (TRIPS) Agreement and Nigeria's national patent system. Towards this goal, the article makes the point that patent law and its exclusive rights, both the TRIPS Agreement and national law of Nigeria, do not exist in a social welfare vacuum. The legal text of patent law, which confers rights on inventors when enforced, translates to many other things outside the sphere of property rights; indeed, it can be a matter of life and death. It is argued in this regard that patent right could, in effect, interfere with access to medicines and therefore, the right to health and prospects for human development. This study adopts a doctrinal methodology to examine, analyse, and evaluate the issues that have arisen in the context of patent protection of pharmaceuticals and its effect on access medicines. It concludes that while the hindrances to accessibility of essential drugs in Nigeria are multifaceted and demand a multidimensional approach for a lasting solution, the TRIPS flexibilities are significant means for addressing the challenges of affordable access to important health treatments within the context of patent law. However, it is emphasised that utilising the flexibilities will require that Nigeria's patent system is strategically designed to take full advantage of the available exceptions, safeguards, and options.

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Section: Part Ii: Patents the Trips Agreement And Access To Essentimentioning

confidence: 99%

Section: Part Ii: Patents the Trips Agreement And Access To Essentimentioning

confidence: 99%

A re‐evaluation of the framework for the protection of patents, women’s health in Nigeria and the issue of accessing pharmaceutical innovation in Africa: Designing strategies for medicines

Mike

2019

World Intellectual Property

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“…Existing research on the global politics of pharmaceutical production has tended to focus on the origins and impact of major shifts in the global patent regime (see, for example, Muzaka, 2011;Shadlen et al, 2011) as well as the opposition mobilized to this regime by civil society and developing countries (Kapstein and Busby, 2013;'t Hoen et al, 2011) and, more recently, varying policy responses to this regime by developing countries (Chorev, 2020;Chorev and Shadlen, 2015;Löfgren and Williams, 2013;Shadlen, 2009Shadlen, , 2020Shadlen and Fonseca, 2013). Here, we seek to extend this literature by charting the normative shifts at global and regional levels that saw local production return to the fore as a central modality for achieving access to medicines.…”

Section: Introductionmentioning

confidence: 99%

Complex norm localization: from price competitiveness to local production in East African Community pharmaceutical policy

Murray-Evans

O’Reilly

2022

European Journal of International Relations

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This article offers a critical contribution to debates around access to medicines and the global politics of pharmaceutical production in Africa. Specifically, we seek to account for a normative shift within these debates whereby the promotion of local pharmaceutical production in Africa has once again come to be viewed as a central modality for achieving access to health across the continent. While the onset of this normative shift has been highlighted by the global Covid-19 pandemic, in this article we argue that its antecedents can be traced to a more incremental process of global and regional normative change that has been in motion since the late 1990s. To illustrate this, we narrow our empirical focus onto the East African Community (EAC) and the regional initiatives its members have pursued to promote local pharmaceutical production capacities since 2012. We draw and build upon the literature on norm localization to emphasize how the emergence and distinctiveness of this policy reflected the complex way in which policy actors within the EAC sought to localize and combine separate (and somewhat competing) changing global norms around access to health and industrial policy. The article also points to the tensions and unintended consequences which emerged from this complex process of norm localization and the challenges of implementing this strategy within the institutional landscape of the EAC.

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Intellectual Property and Access to Essential Medicines: A Tenuous Link?

Ho¹,

Leisinger²

2013

Asian Bioethics Review

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Globalization, Intellectual Property Rights, and Pharmaceuticals: Meeting the Challenges to Addressing Health Gaps in the New International Environment

Cited by 3 publications

References 0 publications

A re‐evaluation of the framework for the protection of patents, women’s health in Nigeria and the issue of accessing pharmaceutical innovation in Africa: Designing strategies for medicines

A re‐evaluation of the framework for the protection of patents, women’s health in Nigeria and the issue of accessing pharmaceutical innovation in Africa: Designing strategies for medicines

Complex norm localization: from price competitiveness to local production in East African Community pharmaceutical policy

Intellectual Property and Access to Essential Medicines: A Tenuous Link?

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