Intellectual Property Protection after TRIPS: An Asian Experience

Kuanpoth, Jakkrit

doi:10.4337/9781848442863.00010

Interpreting and Implementing the TRIPS Agreement 2008

DOI: 10.4337/9781848442863.00010

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Intellectual Property Protection after TRIPS: An Asian Experience

Jakkrit Kuanpoth¹

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2019

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“…Depending on when countries began allowing drugs to be patented, 1 The immense literature on IP in bilateral trade agreements includes el Said (2007), Fink and Reichenmiller (2005), Krikorian and Szymkowiak (2007). Kuanpoth (2008), Mercurio (2006), Morin (2006Morin ( , 2009, Osgood and Feng (2017), Roffe and Spennemann (2006), Sell (2007Sell ( , 2010b, Seuba (2013), Shadlen (2005Shadlen ( , 2009, , Townsend et al (2018), von Braun (2012). TRIPS-Plus provisions will have different effects.…”

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Patents, trade and medicines: past, present and future

Shadlen

Sampat

Kapczynski

2019

Review of International Political Economy

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This paper analyzes the spread of intellectual property in trade agreements. We explain how the integration of intellectual property with international trade rules led to the globalization of pharmaceutical patenting, and then how additional provisions related to pharmaceutical products have been introduced by regional and bilateral trade agreements. We describe the additional "TRIPS-Plus" rules contained in recent trade agreements, which go beyond the requirements of the World Trade Organization's TRIPS Agreement, and explain the potential challenges that they may create for developing countries. We draw attention to the conceptual and methodological challenges of assessing the effects of patent provisions in trade agreements on prices and access to drugs, with particular emphasis on the importance of timing. Depending on when countries began allowing drugs to be patented, TRIPS-Plus provisions have different effects; and when pharmaceutical patenting has been in place for more countries for more time, the effects of TRIPS-Plus provisions will change again.

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confidence: 99%

Patents, trade and medicines: past, present and future

Shadlen

Sampat

Kapczynski

2019

Review of International Political Economy

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Intellectual Property Protection after TRIPS: An Asian Experience

Cited by 1 publication

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Patents, trade and medicines: past, present and future

Patents, trade and medicines: past, present and future

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