Network for Monitoring the Impact of Globalization and TRIPS on Access to Medicines, Meeting Report, 19-21 February 2001, Chulalongkorn University, Bangkok, Thailand - Health Economics and Drugs Series No. 011: 3. 1 Globalization, TRIPS and Access to Pharmaceuticals: Key requirements of the TRIPS Agreement: Evaluating impacts of trade agreements

Network for Monitoring the Impact of Globalization and TRIPS on Access to Medicines, Meeting Report, 19-21 February 2001, Chulalongkorn University, Bangkok, Thailand - Health Economics and Drugs Series No. 011
(2002; 67 pages)

Table of Contents

1. Introduction
	Steering Committee
	Acknowledgements
2. Highlights of opening address of Dr Supachai Panitchpakdi
3. ¹Globalization, TRIPS and Access to Pharmaceuticals
	A new era in global trade
	WTO Agreements
	Implementation and dispute settlement
	Key requirements of the TRIPS Agreement
		Patent protection
		Rights conferred
		Transitional arrangements
		Public health and TRIPS
		Patentability
		Generic drugs
		Compulsory licensing
		Parallel imports
		TRIPS-plus provisions
		Non-WTO Members
		Evaluating impacts of trade agreements
	WHO Perspectives on Access to Drugs
		Access to health is a human right
		Patents are an effective stimulator of research and development
		Affordability of essential drugs is a public health priority
		Countries must develop informed approaches to health and trade
4. Further Reading
5. Template of selected model indicators for studying the impact of globalization and TRIPS on access to medicines
6. Selected indicators for studying the impact of globalization and TRIPS on access to medicines
	Respondent data
	Contents
		I. Definitions used in the template**
		II. Trends in total pharmaceutical consumption
		III. Health care coverage
		IV. Structure of public and private pharmaceutical prices
		V. Regulations relating to intellectual property rights protection and marketing authorization
		VI. Prices of pharmaceutical products
		VII. Market share of domestic and foreign firms
		VIII. Regulation of pharmaceutical consumption - A stakeholder analysis
7. The Collaborating Centres

Evaluating impacts of trade agreements

Protection of intellectual property rights aims to promote innovation by providing an incentive to invest in research and development. Yet the TRIPS Agreement, which seeks to fulfil this aim, has proven to be one of the most controversial WTO agreements. At least four questions are commonly raised from a public health perspective (Box 4). In view of the impact that the TRIPS Agreement could have on pharmaceuticals, WHO (in accord with World Health Assembly resolution WHA52.19) is using these four questions to monitor and analyse the effects of globalization and trade agreements on the pharmaceutical sector.

Concurrently, having been awarded observer status on an ad hoc basis by the WTO Council for TRIPS, WHO is able to monitor all relevant issues under discussion at WTO that may have implications for the health sector.

Box 4. Key questions for monitoring the public health impact of TRIPS

1. Are newer essential drugs more expensive than they would have been if not under patent?

2. Is the introduction of generic drugs being slowed?

3. Are more new drugs for neglected diseases being developed?

4. Are transfer of technology and direct foreign investment in developing countries increasing or decreasing?