Trips Agreement And Its Impact On Pharmaceuticals

Specific provisions relating to the intellectual property of TRIPS-Plus in recent regional drug trade agreements. The file identifies the item numbers/sections contained in recent regional trade agreements, in which there are specific provisions relating to the intellectual property of TRIPS Plus, which are relevant to drugs. In addition to intellectual property rights disputes, ISDS could be used to challenge or “relax” in other pharmaceutical policy decisions, such as decisions. B not to approve certain medicines, drug reimbursement conditions through public drug plans, rules against promoting off-label consumption, safety rules and inspections or measures that benefit local producers. Possible effects include extended exclusivity periods, the relaxation of regulatory standards, less rational requirements and the viability of the domestic pharmaceutical industry. The pathways that could affect pharmaceutical policy are summarized in Table 1 and presented in each of the sections below. The second act 1 contains a detailed breakdown of the chapters, annexes and ancillary instruments in which the relevant provisions were found, classified according to the ten types of provisions. In this regard, we have proposed an analytical framework that combines ten types of provisions in regional trade agreements, with the potential impact on four key pharmaceutical policy objectives, through a number of channels. We hope that this framework can be useful for the future assessment of the impact on health and human rights and research on the effects of trade agreements on pharmaceutical policy and access to medicines. There is no doubt that future trade agreements will continue to highlight a wide range of potential intersections with pharmaceutical policy that negotiating countries will face as part of efforts to achieve SDG 3.8. However, the analysis presented here shows that there is no mere progression in deepening the commitments from one trade agreement to another. The suspension of certain mental protection provisions and the procedural rules for drug reimbursement programs in the CPTPP could be seen as a signal of withdrawal from the more extreme positions sought by the United States. However, the re-emergence of even stricter provisions within the USMCA makes it clear that the United States, if it holds the central negotiating power, will continue to insist that increasingly stringent intellectual property rights rules be tightened.

Although almost all WTO agreements are binding on all members, the GPA is an exception to the “single obligation” of a multi-lateral agreement within the WTO that countries may decide whether or not to join. Empirical consideration of the impact of TRIPS more on access to medicines is made more difficult by the long delays before most of these provisions begin to influence the duration of exclusivity and in the form of higher expenditures and prices or limited access to affordable medicines [11]. On the other hand, the effects of many of the other provisions analyzed here, which also empirically challenge measurement, can be observed much earlier. Care must be taken to develop methods and tools to study the impact of all pharmaceutical provisions that are now included in trade agreements. The effects of opening up public drug procurement through trade agreements have not been published research. Open and competitive tendering can lead to lower drug prices and are one of the strategies recommended by WHO [61]. However, in the longer term, tenders can have negative effects, such as, for example. B, expel some suppliers from the market and reduce competition, which could help create bottlenecks [61]. Liberalizing public procurement can also have an impact on the viability of still-young generic industries in countries where local pharmaceutical companies