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) View the PDF document
Table of Contents
Open this folder and view contents1. Introduction
View the document2. Highlights of opening address of Dr Supachai Panitchpakdi
Close this folder3. 1Globalization, TRIPS and Access to Pharmaceuticals
View the documentA new era in global trade
View the documentWTO Agreements
View the documentImplementation and dispute settlement
Close this folderKey requirements of the TRIPS Agreement
View the documentPatent protection
View the documentRights conferred
View the documentTransitional arrangements
View the documentPublic health and TRIPS
View the documentPatentability
View the documentGeneric drugs
View the documentCompulsory licensing
View the documentParallel imports
View the documentTRIPS-plus provisions
View the documentNon-WTO Members
View the documentEvaluating impacts of trade agreements
Open this folder and view contentsWHO Perspectives on Access to Drugs
View the document4. Further Reading
View the document5. Template of selected model indicators for studying the impact of globalization and TRIPS on access to medicines
Open this folder and view contents6. Selected indicators for studying the impact of globalization and TRIPS on access to medicines
View the document7. The Collaborating Centres
 

Patentability

What can be patented? TRIPS specifies that patents must be available for all discoveries which “...are new, involve an inventive step and are capable of industrial application” (Article 27).

The difference between the number of new drugs (“new chemical entities”) that are developed globally each year, and the number of patents awarded for new uses of a drug, processes, dosage forms, formulations and different forms of the same molecule, including patents on genes and genomic sequences is enormous. The latter is influenced by national legislation and practices

Yet because “new” and “inventive” are not defined, countries must establish their own criteria for these terms. They should remember that patentability standards which are too broad can contribute to “evergreening”. This means that the effective patent life for a new medicine is extended beyond the 20-year TRIPS minimum. Therefore, Ministries of Health must work closely with other ministries to formulate and/or revise national patent legislation to ensure that it takes public health needs into account.

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