Outlook on China's Pharma Development — 2004

Author(s):  
Susan Capie

China's pharmaceutical industry is undergoing tremendous positive transformations, spurred both by the government's economic and political policies and the increasing investment/involvement by foreign pharma firms in China. This paper will describe the three major forces driving the changes: economic, regulatory and China's entrance into the World Trade Organization. These changes will contribute to China's emergence in the next decade as a major force in the international pharmaceutical arena, but the speed with which this will happen is contingent on overcoming the still-existing problems of intellectual property enforcement, regulatory capabilities, innovative skills and meeting EU/US good manufacturing practice quality and compliance requirements.

Author(s):  
Assist. Prof. Dr. Sabah Neama Ali, M Dalia Omar Nazmi ◽  
Dr Yousif Aftan Abdullah

The main risks arising from the WTO Agreement are the inequality and lack of competitiveness of most pharmaceutical goods, as well as the fact that Iraq is a net importer of medicines that are at the core of consumer needs, The subject matter of the Convention on the Protection of Intellectual Property Rights and its implications for the pharmaceutical industry, in particular, coinciding with the situation of financial and administrative corruption, all of which has resulted in drug fraud in the Iraqi market and its impact on public health. The control of medical technology, the persistence of the technological gap and its effects on high price levels, and the fact that domestic drug producers are obliged to obtain production licenses from global companies in the light of limited access to pharmaceutical research and development. The research aims at the impact of economic liberalization within the World Trade Organization (WTO) and its negative effects on consumers by highlighting the economic and social effects on consumption by raising prices and monopolies and restricting the volume of consumer demand because of the loss of the competitive advantage of pharmaceutical goods. Iraq's unwillingness to accede to the International Convention for the Protection of Intellectual Property Rights of the World Trade Organization (WTO) and the deterioration of the pharmaceutical industry meant increased dependence on the outside, increased trade deficits, higher price levels, and its adverse effects on consumers. Iraq finds it difficult for developed countries to use their intellectual rights as well as restrict industrial and agricultural work because production and production methods are now subject to their intellectual property protection law, which prevents any possible industrial development. The most significant potential short-term impact of TRIPS is the decline in drug production, which continues to be protected. The great challenge for drug producers is the need to


Author(s):  
Ahan Gadkari ◽  
◽  
Sofia Dash ◽  

The availability of vaccinations against COVID-19 provides hope for containing the epidemic, which has already claimed over 2.84 million lives. However, inoculating millions of individuals worldwide would need large vaccine manufacturing followed by fair distribution. A barrier to vaccine development and dissemination is the developers' intellectual property rights. India and South Africa have jointly sought to the World Trade Organization that certain TRIPS rules of COVID-19 vaccines, medicines, and treatments be waived. This piece argues for such a waiver, highlighting the unique circumstances that exist. It believes that TRIPS's flexibilities are inadequate to cope with the present epidemic, particularly for nations without pharmaceutical manufacturing competence.


Author(s):  
Murphy Halliburton

This chapter depicts the emergence of the concept of intellectual property starting with analyses of intangible property in pre-capitalist societies and the development of patents and copyrights in 15th-18th century Europe. Court decisions that expanded the scope of intellectual property in the last few decades in the U.S. are presented followed by a review of the development of patent treaties from the Paris Convention of 1883 to the current World Trade Organization TRIPS legislation which required a rewriting of patent laws in India and around the world. India’s 1970 Patents Act, the reigning law until the TRIPS regime, prohibited product patents on medications, allowing only patents on the process for making a drug in order to prevent monopoly control of medications. In 2005, India had to change its law to comply with the WTO by allowing product patents and exclusive market control of medications.


2001 ◽  
Vol 50 (3) ◽  
pp. 714-724
Author(s):  
Joe McMahon ◽  
Catherine Seville

This Journal's previous piece on current developments in EC intellectual property noted that this area of law is dominated by the drive towards harmonisation.1 This drive continues, and its success has been such that it can now begin to be seen in an overarching context of globalisation. The idea of a unified global system for the protection of intellectual property now seems at least conceivable, even if not immediately achievable. It is even possible to state that some stages have been achieved on the journey, most notably the TRIPs Agreement. Since adherence to this is a requirement of World Trade Organization (WTO) membership, the arguments in its favour have suddenly become “persuasive”. It represents a tremendous achievement in terms of the protection and enforcement of intellectual property rights throughout the world. The World Intellectual Property Organisation's contribution here and elsewhere has been immense.


2011 ◽  
pp. 141-151
Author(s):  
Jakkrit Kuanpoth

The chapter deals with ethical aspects of patent law and how the global patent regime helps or hinders the development of a developing country such as Thailand. More specifically, it discusses Article 27.3 of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which states that countries may exclude methods of medical treatment, plants and animals (but not micro-organisms) from patent protection. It also provides legal analysis on the issue of whether developing countries can maximize benefits from the TRIPS morality exception (Article 27.2) in dealing with biotechnological patenting.


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