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Trade, TRIPS, and pharmaceuticals.

Richard D Smith1, Carlos Correa, Cecilia Oh

  • 1Health Policy Unit, Department of Public Health and Policy, London School of Hygiene and Tropical Medicine, London, UK.

Lancet (London, England)
|January 27, 2009
PubMed
Summary
This summary is machine-generated.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) benefited developed nations but not developing countries. It highlights unequal pharmaceutical trade and access to medicines issues, necessitating negotiation strategies.

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Area of Science:

  • Intellectual Property Rights Law
  • International Trade Law
  • Pharmaceutical Economics

Background:

  • The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) established global intellectual property (IP) standards.
  • TRIPS significantly expanded IP rights, benefiting the pharmaceutical industry and developed economies.
  • Developing countries have questioned the economic gains from TRIPS, particularly concerning pharmaceutical trade.

Purpose of the Study:

  • To assess whether TRIPS has generated economic gains for developing countries through increased exports.
  • To analyze the implications of TRIPS and TRIPS-plus provisions on pharmaceutical trade and access to medicines.
  • To identify negotiation strategies for the health community within the TRIPS framework.

Main Methods:

  • Review of the importance of pharmaceuticals in global health-care trade.
  • Analysis of TRIPS requirements, implications, and TRIPS-plus provisions in bilateral free-trade agreements.
  • Examination of trade patterns between developed and developing countries regarding patented drugs.

Main Results:

  • TRIPS has not yielded substantial export gains for developing countries.
  • Pharmaceutical trade has increased primarily within developed countries.
  • Unequal trade dynamics and TRIPS-plus provisions exacerbate access to medicines issues in developing nations.

Conclusions:

  • Developing countries have not significantly benefited from TRIPS in terms of increased pharmaceutical exports.
  • TRIPS-plus provisions worsen access to medicines challenges, despite many countries not utilizing TRIPS flexibilities.
  • The health community needs to explore negotiation options to leverage TRIPS to their advantage.