Globalization and Access to Drugs. Perspectives on the WTO/TRIPS Agreement - Health Economics and Drugs Series, No. 007 (Revised)
(1998; 97 pages) [French] [Spanish] View the PDF document
Table of Contents
View the documentAcknowledgements
View the documentAbbreviations and acronyms
Close this folderPART I: GLOBALIZATION AND ACCESS TO DRUGS: IMPLICATIONS OF THE WTO/TRIPS AGREEMENT
View the documentExecutive summary
View the documentIntroduction
Open this folder and view contents1. Brief historical background to the international trading system
Open this folder and view contents2. Reading the TRIPS Agreement from the perspective of access to drugs
Open this folder and view contents3. Conclusions: issues at stake and constraints on access to drugs
View the documentDefinitions and terminology4
Close this folderSelected bibliography5
View the documentGATT/WTO and the TRIPS Agreement
View the documentThe TRIPS Agreement and pharmaceutical products
View the documentCountry studies
Open this folder and view contentsPART II: PRESENTATIONS AT THE AD HOC WORKING GROUP ON THE REVISED DRUG STRATEGY HELD IN GENEVA ON 13 OCTOBER 1998
View the documentOther documents in the DAP - Health Economics and Drugs Series
View the documentBack cover
 

Country studies

AFRICA

• Yusuf AA. Intellectual property protection in the countries of Africa. Special issue on the management of international intellectual property. Int. J. Technology Management, 1995, 10(2/3):269-292.

Key words: Africa, intellectual property rights, rules of protection, Paris Convention, Berne Convention, AIPO, ARIPO, licence, transfer of technology, patent.

Language: English.

Address: International Journal of Technology Management, 17 Beeward Close, The Leyes, Wolverton Mill, MK12 GLJ, United Kingdom.

Summary: Presents first the status of the protection and exploitation of intellectual property rights in Africa, before considering the impact of the new international rules in the field of intellectual property.

ARGENTINA

• FIEL (Fundación de Investigaciones Económicas Latinoamericas). Protection of intellectual property rights: the case of the pharmaceutical industry in Argentina. Buenos Aires, 1990.

Key words: pharmaceutical product, patent, WIPO, Uruguay Round, developing countries, Section 301, Argentina, Brazil, India, Italy, Korea, Mexico.

Languages: Spanish, English.

Address: Fundación de Investigaciones Económicas Latinoamericanas, Esmeralda 320, Buenos Aires, Argentina.

Summary: Demonstration of the links that exist between intellectual property rights, pharmaceutical products and international trade. Stakes in the protection of intellectual property rights during the Uruguay Round negotiations, and resulting from American trade policy. Analysis of the situation in Argentina: the new patent legislation and economic assessment of its application.

• Rozanski F. Nueva legislación argentina de patentes de invencíon. Derechos intelectuales, volumen 7, Editorial Astrea, May 1996.

Key words: patent, transitional period, duration of protection, licences, constitutional reform.

Language: Spanish.

Address: Editorial Astrea, Argentina.

Summary: Analysis of the evolution of the invention patent system in Argentina up to the latest legislative reform in line with the TRIPS Agreement.

• Zuccherino DR. Breve panorama de la legislación sobre patentes de invención en la República Argentina. Revista La Información, Junio 1995, 786, T.71, Año 66.

Key words: invention patent, WIPO, GATT, constitutional reform.

Language: Spanish.

Address: Revista La Información, Buenos Aires, Argentina.

Summary: Outlines the problem of patents in Argentina in parallel with the situation of intellectual property rights at world level.

• Zuccherino DR. Propiedad intelectual y dinámica competitiva. Revista La Información, Mayo 1996, 797, T.73, Año 67.

Key words: patent, competition, intellectual property.

Language: Spanish.

Address: Revista La Información, Buenos Aires, Argentina.

Summary: Examines the question of the relationship between invention patents, competition and economic development.

BRAZIL

• Gosain R. Patent law reform in Brazil - an update. Patent World, October 1994, pp 38-41.

Key words: Brazil, patent law, reform.

Language: English.

Address: Armstrong International Limited, The Courtyard, 12 Hill Street, St Helier, Jersey, JE2 4UB, United Kingdom.

Summary: Develops the essential points of the reform of the Brazilian law on patents, following international pressures: patent protection of micro-organisms, chemical and pharmaceutical products, pipeline protection, exhaustion of rights and regulation of compulsory licences.

• Gosain R, Sherrill HK. The effects of GATT/TRIPS on Brazil’s patent legislation. Patent World, May 1995, pp 24-26.

Key words: Brazil, patent, reform.

Language: English

Address: Armstrong International Limited, The Courtyard, 12 Hill Street, St Helier, Jersey, JE2 4UB, United Kingdom.

Summary: An analysis of the reform of the Brazilian patent law: extension of the domain of patentability, duration of protection, compulsory licences, local working of the patent, registration of applications for patents on new materials.

• Medina I. Patentability of pharmaceuticals and the new trends in Brazilian legislation. Patent World, November 1990, pp 33-35.

Key words: Brazil, pharmaceutical product, patent.

Language: English.

Address: Armstrong International Limited, The Courtyard, 12 Hill Street, St Helier, Jersey JE2 4UB, United Kingdom.

Summary: Relates the history of the patentability of pharmaceutical products in Brazil from the Imperial Constitution of 1824 to the 1990s.

• Redwood H. Brazil - the future impact of pharmaceutical patents. Oldwicks Press Ltd, 1995.

Key words: Brazil, patent, pharmaceutical product, biotechnology, costs, R&D.

Language: English.

Address: Oldwicks Press Limited, 5 Links Avenue, Felixstowe, Suffolk, IP11 9HD, United Kingdom.

Summary: Analysis of the consequences of patent protection of pharmaceutical and biotechnology products in Brazil. More specifically, the following points are developed: the controversy in Brazil on the issue of the patentability of pharmaceutical products, the pharmaceutical industry in Brazil, a market study of patent protection of pharmaceutical products in Brazil, a study of the consequences in terms of costs and delays in the field of R&D.

CANADA

• Torremans P. Compulsory licensing of pharmaceutical products in Canada. International Review of Industrial Property and Copyright Law, 1996, 27:3.

Key words: Canada, patent, pharmaceutical product, licences, generic products, NAFTA.

Language: English.

Address: IIC, VCH Verlagsgesellschaft mbH, P.O. Box 101161, D-69451 Weinheim, Germany.

Summary: Presents the traditional Canadian approach to patents for pharmaceutical products based on lax regulation of compulsory licences, the changes made to the legislation following signature of the TRIPS and NAFTA Agreements and the implications for the Canadian generic drugs industry.

EGYPT

• Abouelenein AA. Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the pharmaceutical industry in Egypt. Federation of Egyptian Industry; Cairo, June 1996.

Key words: Egypt, patent, drug, price, pharmaceutical industry.

Languages: Arabic, English.

Address: Federation of Egyptian Industry, Cairo, Egypt.

Summary: A view of a member of the Board of the Association of Egyptian Industries on the effects of the TRIPS Agreement on the country’s pharmaceutical industry compared with its present state, and the economic, social and health effects likely to ensue.

• Ghorab MG. Agreement on intellectual property and pharmaceuticals in Egypt. Egypt, 1996.

Key words: Egypt, drug, patent, price, R&D, investments.

Language: Arabic.

Address: Medicinal drugs holding company (of which Mr Ghorab is the Chairman), Egypt.

Summary: Brief presentation of the current drug situation in Egypt followed by an outline of the solutions envisaged to take account of the TRIPS Agreement, in particular, policies on registration and pricing, support to R&D activities, and instigating strategic alliances. Analysis of the advantages accruing from patent protection for the pharmaceutical industry and the economy in Egypt.

• Shaarawi NM. Intellectual property rights - Egypt, Glaxo Wellcome Egypt, SAE, 1993.

Key words: Egypt, patent, drug prices, R&D.

Language: English.

Address: Glaxo Wellcome Egypt.

Summary: The view of a multinational established in Egypt on the possible consequences of the TRIPS Agreement on drug prices and the advantages resulting from it for the Egyptian pharmaceutical industry in the field of R&D.

INDIA

• Ahuja SD. GATT and TRIPS - The impact on the Indian pharmaceutical industry. Patent World, September 1994, pp 28-34.

Key words: India, patent, pharmaceutical product.

Language: English.

Address: Armstrong International Limited, The Courtyard, 12 Hill Street, St Helier, Jersey, JE2 4UB, United Kingdom.

Summary: Describes the issues surrounding the reform of the 1970 Patent Act in order to ensure its conformity with the TRIPS Agreement, existing distortions, the modifications that need to be made and the consequences for the Indian pharmaceutical industry.

• Debroy B. Beyond the Uruguay Round: the Indian perspective on GATT. Response Books, 1996.

Key words: India, patent, pharmaceutical product, essential drugs, micro-organisms, R&D, prices.

Language: English.

Address: Response Books, a division of Sage Publications India Pvt Ltd, M-32 Greater Kailash Market I, New Delhi 110048, India.

Summary: Developments on the exceptions of Article 27 determining non-patentable products, followed by analysis of the consequences of the Agreement in India in terms of drug prices and repercussions on essential drugs.

• Dubey M. An unequal treaty: world trading after GATT. New Delhi, 1996.

Key words: India, WTO, GATS, TRIMs, agriculture, textiles, settlement of disputes, patent, drug, licence, investments, transfer of technology.

Language: English.

Address: New Age International Limited Publishers, 4835/24 Ansari Road, Dayaganj, New Delhi 110 002, India.

Summary: Analyses the impact of the different agreements and the WTO system on developing countries and India in particular. History of the difficult negotiations leading up to the signature of the TRIPS Agreement and discussion of the pros and cons of the Agreement for developing countries, the special case of the protection of plant varieties and, finally, the various possibilities for making the obligations under the Agreement more flexible.

• Karandikar SM. Indian drug industry after GATT. Bombay: World Trade Centre, September 1994.

Key words: India, pharmaceutical industry, patent.

Language: English.

Address: MVIRDC, World Trade Centre, Centre 1, 31st floor, Cuffe Parade, Bombay 400 005, India.

Summary: Comprehensive study of the pharmaceutical industry and the Indian health system. Analysis of the consequences of the signature of the TRIPS Agreement for the Indian pharmaceutical industry and access to drugs.

• Otten A. The GATT/TRIPS Agreement and health care in India. The National Medical Journal of India, 1995, 8:1.

Key words: India, patent, pharmaceutical product, costs, R&D.

Language: English.

Address: National Medical Journal of India, All Indian Institute of Medical Sciences, Ansari Nagar, New Delhi 110029, India.

Summary: An attempt to respond to questions that are controversial in India, such as why the TRIPS Agreement should necessarily have dramatic effects on drug prices, and how pharmaceutical patents would lead to more R&D, to improve access to drugs.

• Krishna Iyer VR, Chinnappa Reddy O, Desai DA, et al. Report Peoples’ Commission on GATT. On the constitutional implications of the final act embodying the results of the Uruguay Round of multilateral trade negotiations. Centre for Study of Global Trade System and Development, 1996.

Key words: India, WTO, GATS, TRIMs, agriculture, textiles, patent, drug, prices, licence, investments, transfer of technology, essential drugs.

Language: English.

Address: Centre for Study of Global Trade System and Development, A 388, Sarita Vihar, New Delhi 110 044, India.

Summary: A chronology of the national and international events that led up to the signature of the Final Act, with an historical account of the creation of the GATT and the earlier rounds of negotiations. The Indian Government’s handling of the Uruguay Round negotiations is the subject of another chapter. The bulk of the report is devoted to the critical provisions of the Final Act agreements, their political and economic impact and their constitutionality.

• Pillai AM. Impact of GATT Agreement on drug prices. J. Indian Med. Assoc., March 1995, 93:3.

Key words: India, prices, drug.

Language: English.

Address: Journal of the Indian Medical Association, AMM House, 53 Creek Row, Calcutta 700014, India.

Summary: Discusses the implementation of the TRIPS Agreement, and the increase in prices that could follow as a challenge to the pharmaceutical industry, the government and the medical profession.

• Redwood H. New Horizons in India - the consequences of pharmaceutical patent protection. Oldwicks Press Ltd., 1994.

Key words: India, pharmaceutical industry, patent, prices, R&D.

Language: English.

Address: Oldwicks Press Limited, 5 Links Avenue, Felixstowe, Suffolk, IP11 9HD, United Kingdom.

Summary: The rise of the Indian pharmaceutical industry as a result of the Patent Act of 1970. Analysis of the myths and expectations relating to the implementation of the TRIPS Agreement in India: the introduction of patents to the Indian drugs market, the effects on prices, expectations for R&D of new products. The last part looks at possible options for the future.

• Sen B. The Uruguay Round: implications for world trade. New Delhi: 1996.

Key words: India, pharmaceutical industry, patent, prices, R&D.

Language: English.

Address: Jawahar Publishers and Distributors, New Delhi, India.

Summary: Evaluation of the stake of the new WTO agreements for developing countries. Focuses on the situation of pharmaceutical and biotechnological products in India.

• Rajiv Gandhi Institute for Contemporary Studies. Indian S&T after GATT: an agenda for action. RGICS Project No. 9.

Key words: India, patent, micro-organisms, plant varieties, R&D.

Language: English.

Address: Rajiv Gandhi Foundation, Jawahar Bhawan, Dr Rajendra Prasad Road, New Delhi 110 001, India.

Summary: Analysis of the TRIPS Agreement’s influence in the field of science and technology, and some suggestions on how India can benefit from the post-GATT era.

ITALY

• Challu PM. Effects of the monopolistic patenting of medicine in Italy since 1978. Special issue on the management of international intellectual property. Int. J. Technology Management, 1995, 10(2/3):237-251.

Key words: Italy, patent, drug prices, R&D.

Language: English.

Address: International Journal of Technology Management, 17 Beeward Close, The Leyes, Wolverton Mill, MK12 GLJ, United Kingdom.

Summary: The study concentrates on four fields: the impact of patents on prices, the attitude of national laboratories and the consequences for national production, the effects of the monopoly conferred by patents on the capacity for innovation, and the influence of patents on trade in pharmaceuticals in Italy.

• Scherer FM, Weiburst S. Economics effects of strengthening pharmaceutical patent protection in Italy. International Review of Industrial Property and Copyright Law, 1995, 26:6.

Key words: Italy, patent, pharmaceutical product, costs, R&D.

Language: English.

Address: IIC, VCH Verlagsgesellschaft mbH, P.O. Box 101161, D-69451 Weinheim, Germany.

Summary: Economic study of the consequences of the introduction of pharmaceutical patents in Italy from the standpoint of R&D expenditure, the introduction of new drugs, and direct investment by multinational companies.

JORDAN

• Badwan AA. Implications of joining WTO on the Arab pharmaceutical industry. Jordan, 1996.

Key words: Jordan, patent, mark, drug, industry, prices, competition, imitation.

Language: English.

Address: Jordanian Pharmaceutical Manufacturing Co., Jordan.

Summary: Overview of the main provisions of the TRIPS Agreement likely to affect developing countries and the situation of the Arab drug industry.

 

to previous section
to next section
 
 
The WHO Essential Medicines and Health Products Information Portal was designed and is maintained by Human Info NGO. Last updated: August 29, 2014