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The Doha declaration of the TRIPS agreement and public health
... Beyond the implementation of different existing policies and their pros and cons, how can equity and efficiency criteria be reconciled? Two of the main strategies discussed in the literature include the approach presented by Danzon and Towse (2003) and the advance market commitment approach presented by Kremer (2002). ...
... Following what has previously been described in this paper and an article by Danzon and Towse (2003) entitled « Differential Pricing for Pharmaceuticals: Reconciling Access, R&D and Patents », an optimal market should be characterized by: (1) strong intellectual property protection so as to guarantee dynamic efficiency on one hand, and (2) differential pricing so as to guarantee static efficiency on the other hand. The idea underlying this set up is that strong intellectual property protection ensures incentives to innovate and optimal supply, whereas differential pricing ensures that different markets with different characteristics can pay a reasonable price. ...
... In this review, we have tried to understand how to deal with the efficiency and equity issues raised by international drug pricing. The proposal made by Danzon and Towse (2003) to reconcile equity and efficiency -which consists in strong intellectual property rights, differential pricing and the absence of parallel trade or external referencing -seems attractive. Unfortunately, in practice, each dimension of this proposal is problematic. ...
In this essay about international drug pricing in the global pharmaceutical market, we focus on the issue of access to medicine in developing countries. Acknowledging the essential trade-off between equity and efficiency that characterizes international drug pricing, we provide a perspective on the panorama of drug pricing and patenting policies. These policies are designed to optimize both supply and access to drugs. We examine their respective rationales, consequences and limitations. In a context of increasingly intense market interactions between developed and developing countries, the common challenge for these regulations is to safeguard incentives for the research and development industry, while accounting for lower purchasing power in developing countries.
... However, access to the drugs are protected through patent often are no cost effective and are high in price. 19 There has always been a conflict with regard to access to public health and the patent of the product. ...
The WTO was formed in 1995 and since then countries have abide by Trade Related Aspects of Intellectual Property Rights (TRIPS). The agreement provides for comprehensive plan for patenting and protection including those of medical supply units including vaccines and diagnosis. Recently developing countries such as India and South Africa have demanded TRIPS waiver for access to vaccines for all the developing countries The TRIPS waiver demanded, would apply to vaccines, diagnosis, and treatment related to COVID-19. The waiver is important as it would allow member state in researching, manufacturing, and supplying of vaccines. The proposal by the developing countries for temporary waiver of IP rights argues that IP could impede the supply of COVID-19 drugs and vaccines. However, there is no near consensus as most of the developed countries opposed this stance and they even argue that waiving TRIPS is not going to ramp up the manufacturing process. The pharmaceutical industry is also against this stance of developing countries, they put their argument forward that waiving of the IP will inhibit research and development of future prospects.
... 79 Contrairement au moratoire, cette solution serait permanente. Voir, p. ex.,Attaran, 2002. 80 L'application effective de cette option est confrontée à des obstacles juridictionnels. ...
On August 30, 2003, the member countries of the WTO adopted the Decision on Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health. This Decision provides flexibility for the export of pharmaceutical products under compulsory license (which flexibility might otherwise have been limited by the terms of the TRIPS Agreement). This article analyzes negotiating strategies used by developing countries to achieve their objectives regarding the Decision at the WTO. The United States is pursuing the negotiation of bilateral and regional trade agreements that restrict the regulatory flexibility of developing (and developed) countries under the WTO TRIPS Agreement, Doha Declaration and Decision. This article considers whether developing countries might adapt strategies used effectively at the WTO to prevent further loss of regulatory flexibility in alternative negotiating fora. The final version of this article was published in the American Journal of International Law.
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