Wto Decision on Implementation of Paragraph 6 of the Doha Declaration on the Trips Agreement and Public Health: A Solution to the Access to Essential Medicines Problem?

Matthews, Duncan

doi:10.1093/jiel/7.1.73

Cited by 105 publications

(33 citation statements)

References 4 publications

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“…Indeed, in 2006 the European Parliament intervened in favor of 23 such countries, allowing the use of parallel trade to address public health problems. 6 Since the TRIPs agreement has never de…ned an unambiguous solution for this problem, it may be possible to parallel trade those goods manufactured under a non-voluntary license (Matthews, 2004). As the price of a compulsory licensed drug will be lower than the price of the equivalent patented drug, there will be an incentive to export the cheaper drug into more expensive markets.…”

Section: (F))mentioning

confidence: 99%

Compulsory licensing and access to drugs

Stavropoulou

Valletti

2014

Eur J Health Econ

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This is the accepted version of the paper.This version of the publication may differ from the final published version. Permanent repository link AbstractCompulsory licensing allows the use of a patented invention without the owner's consent, with the aim of improving access to essential drugs. The pharmaceutical sector argues that, if broadly used, it can be detrimental for innovation. We model the interaction between a company in the North, that holds the patent for a certain drug, and a government in the South that needs to purchase it. We show that both access to drugs as well as pharmaceutical innovation depend largely on the Southern country's ability to manufacture a generic version. If the manufacturing cost is too high, compulsory licensing is not exercised. As the cost decreases, it becomes a credible threat forcing prices down, but reducing both access and innovation. When the cost is low enough, the South produces its own generic version, and access reaches its highest value, despite a reduction in innovation. The global welfare analysis shows that the overall impact of compulsory licensing can be positive, even when accounting for its impact on innovation. We also consider the interaction between compulsory licensing and the strength of IPRs, which can have global repercussions in other markets beyond the South.

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Section: (F))mentioning

confidence: 99%

Compulsory licensing and access to drugs

Stavropoulou

Valletti

2014

Eur J Health Econ

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“…On 30 August 2003, these efforts led to the adoption by the WTO General Council of a landmark Decision on the implementation of paragraph 6 of the Doha Declaration on TRIPS and Public Health (Matthews, 2004;WTO, 2003b). Adopted just before the first pro-development WTO Ministerial Conference in Cancun, the Decision confirms the legality of exporting generics to those developing countries who lack pharmaceutical manufacturing capacity.…”

Section: Generics Within Global Ip Governancementioning

confidence: 99%

Legal and policy foundations for global generic competition: Promoting affordable drug pricing in developing societies

Miguel

2015

Global Public Health

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The so-called 'TRIPS flexibilities' restated in 2001 by the World Trade Organization's Doha Declaration on TRIPS and Public Health offer a variety of policy avenues for promoting global price-based competition for essential medicines, and thus for improving access to affordable medicines in the developing world. In recent years, developing countries and international organisations alike have begun to explore the potentialities of global generic markets and competition generally, and also of using compulsory licensing to remedy anti-competitive practices (e.g. excessive pricing) through TRIPS-compatible antitrust enforcement. These and other 'pro-competitive' TRIPS flexibilities currently available provide the critical leverage and policy space necessary to improve access to affordable medicines in the developing world.

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“…The 37 For a comment see generally and see Matthews (2004 The solution strikes a complex balance between the requirements of potential importers (mainly in Africa, Asia, and America), pressure from potential exporters of generics (such as India and Brazil), and the economic interests of the patent holders from technology-exporting countries.…”

Section: Re-regulatory Processesmentioning

confidence: 99%

Access to Medicines v. IP Rights: World Regulatory Experiences

Miguel

2014

Global Jurist

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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.

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Wto Decision on Implementation of Paragraph 6 of the Doha Declaration on the Trips Agreement and Public Health: A Solution to the Access to Essential Medicines Problem?

Cited by 105 publications

References 4 publications

Compulsory licensing and access to drugs

Compulsory licensing and access to drugs

Legal and policy foundations for global generic competition: Promoting affordable drug pricing in developing societies

Access to Medicines v. IP Rights: World Regulatory Experiences

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