High Price Medicines and Health Budgets: The Role Patients’ and Consumers’ Organisations Can Play

2020 ◽  
Vol 27 (3) ◽  
pp. 309-323
Author(s):  
François Houÿez
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Rare Diseases ◽  
Patient Advocacy ◽  
High Price ◽  
African Countries ◽  
Patient Organisations ◽  
Orphan Medicinal Products ◽  
New Treatments

Abstract Healthcare systems face challenges due to budget constraints, complex therapies, and new treatments for rare diseases. One of the most successful patient advocacy campaigns of all times was initiated by people living with HIV and AIDS in African countries. Facing industry giants, they won court cases allowing governments to ignore intellectual property rights when the price of a medicine was abnormally high. This led to the approval of the international ‘Agreement on Trade Related aspects of Intellectual Property Rights’, which contributed to improving the availability of AIDS treatments for millions of people. Beyond this successful patient advocacy campaign, patient organisations have an important role to play in national discussions on prices of treatments and pharmaceuticals, especially for rare diseases. This article first discusses the specificity of the pricing of orphan medicinal products, and then provides an overview of some of the important actions that can be carried out by patients’ organisations.

Intellectual Property Rights and Access to Energy Services in Africa

2018 ◽  
Author(s):  
Professor Adebambo Adewopo ◽  
Dr Tobias Schonwetter ◽  
Helen Chuma-Okoro
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Energy Access ◽  
African Countries ◽  
Energy Services ◽  
Proper Role ◽  
The Law

This chapter examines the proper role of intellectual property rights (IPRs) in achieving access to modern energy services in Africa as part of a broader objective of a pro-development intellectual property agenda for African countries. It discusses the role of intellectual property rights, particularly patents, in consonance with pertinent development questions in Africa connected with the implementation of intellectual property standards, which do not wholly assume that innovation in Africa is dependent on strong intellectual property systems. The chapter examines how existing intellectual property legal landscapes in Africa enhance or impede access to modern energy, and how the law can be directed towards improved energy access in African countries. While suggesting that IPRs could serve an important role in achieving modern energy access, the chapter calls for circumspection in applying IP laws in order not to inhibit access to useful technologies for achieving access to modern energy services.

scholarly journals The Role of Intellectual Property Rights on Access to Medicines in the WHO African Region: 25 Years after the TRIPS Agreement

2020 ◽  
Author(s):  
Marion Motari ◽  
Jean-Baptiste Nikiema ◽  
Ossy Muganga Julius Kasilo ◽  
Stanislav Kniazkov ◽  
Andre Loua ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Pharmaceutical Products ◽  
World Health ◽  
Situational Analysis ◽  
African Region ◽  
African Countries ◽  
Compulsory Licensing

Abstract Background It is now 25 years since the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the same concerns raised during its negotiations such as high prices of medicines, market exclusivity and delayed market entry for generics remain relevant as highlighted recently by the Ebola and COVID-19 pandemics. The World Health Organization’s (WHO) mandate to work on the interface between intellectual property, innovation and access to medicine has been continually reinforced and extended to include providing support to countries on the implementation of TRIPS flexibilities in collaboration with stakeholders. This study analyses the role of intellectual property on access to medicines in the African Region. Methods: We analyze patent data from the African Regional Intellectual Property Organization (ARIPO) and Organisation Africaine de la Propriété Intellectuelle (OAPI) to provide a situational analysis of patenting activity and trends. We also review legislation to assess how TRIPS flexibilities are implemented in countries. Results Patenting was low for African countries. Only South Africa and Cameroon appeared in the list of top ten originator countries for ARIPO and OAPI respectively. Main diseases covered by African patents were HIV/AIDS, cardiovascular diseases, cancers and tumors. Majority countries have legislation allowing for compulsory licensing and parallel importation of medicines, while the least legislated flexibilities were explicit exemption of pharmaceutical products from patentable subject matter, new or second use of patented pharmaceutical products, imposition of limits to patent term extension and test data protection. 39 countries have applied TRIPS flexibilities, with the most common being compulsory licensing and least developed country transition provisions. Discussion Countries of the WHO African Region operate within a multi-layered –intellectual property regulatory landscape globally and at regional level which is characterized by inconsistencies and misalignment which limit the extent to which countries can implement TRIPS flexibilities. Conclusions Opportunities exist for WHO to work with ARIPO and OAPI to support countries in reviewing their legislation to be more responsive to public health needs.

scholarly journals PERLINDUNGAN HUKUM HAK KEKAYAAN INTELEKTUAL TERHADAP TINDAKAN PELANGGARAN PEMBAJAKAN BUKU ELEKTRONIK MELALUI MEDIA ONLINE

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Etry Mike
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Awareness ◽  
Science And Technology ◽  
National Development ◽  
High Price ◽  
Electronic Format ◽  
Market Participants ◽  
Protecting Intellectual Property

This time progress of science and technology and the increase of national development activities make the sociaty in various aspects of life also experienced an increase therefore the effort of creation and renewal of a legislation is required to be guaranteed a legal certainty. As well as in the field of science art, and literature are closely related to the problem of Intellectual Property Rights, because increasing of technology activities marked by the emergence of innovative new discoveries but unfortunately in the middle development of science and technology sector is not supported by public awareness and market participants to be honest in understanding the importance of protecting Intellectual Property Rights on a product produced by someone. The rise of piracy toward books that happening at this time indicates the weakness of the enforcement of copyright in Indonesia. Books in electronic format should be able to provide a solution to the high price of textbooks but in fact precisely this book in electronic format becomes easier to be plowed online by irresponsible elements to be reproduced in order to gain individual benefits only

Enforcement of Intellectual Property Rights in Africa

2020 ◽  
Author(s):  
Marius Schneider ◽  
Vanessa Ferguson
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Intellectual Property Right ◽  
Criminal Courts ◽  
African Countries ◽  
Legal Context ◽  
Law Enforcement Officials ◽  
Taking Action ◽  
First Time

Africa is rising: with double-digit growth figures in many countries, its growing middle and upper class, the continent represents an untapped, dynamic, fast-moving and competitive market that businesses can scarcely ignore. Intellectual property right owners are increasingly paying attention to this new African dynamic and have started to invest into African markets. Unfortunately, so have counterfeiters. Taking action against counterfeit and pirated products in Africa is a challenge against which right holders and their representatives often feel overwhelmed. Filling a gap in the market, this is the only book providing a detailed overview of the law and practice in relation to intellectual property rights enforcement in all 54 African countries and through the two main regional intellectual property organisations, the OAPI and the ARIPO. For the first time, a comprehensive manual on the conditions and procedures under which the civil and criminal courts, the police and customs take action with regard to counterfeit and pirated goods is available. Arranged in a systematic manner, the reader will find for every jurisdiction information on the factual background, the organisation of the courts, the legal context, the judicial, civil and criminal enforcement of patents, trade marks and copyrights as well as information on the scope, requirements and practical application about customs recordals. Counterfeiting and piracy constitutes a dire problem in Africa but as the book will show, solutions, often unknown and unexplored, do exist. With this publication, the authors aim at demystifying intellectual property rights enforcement in Africa by providing valuable information to right holders, judges, lawyers and law enforcement officials.

scholarly journals Intellectual property rights and its implications for the pharmaceutical industry in Iraq under accession to the World Trade Organization

2022 ◽  
Vol 12 (01) ◽  
Author(s):  
Assist. Prof. Dr. Sabah Neama Ali, M Dalia Omar Nazmi ◽  
Dr Yousif Aftan Abdullah
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Property Rights ◽  
World Trade Organization ◽  
Intellectual Property Rights ◽  
World Trade ◽  
High Price ◽  
Price Levels ◽  
The World ◽  
The Impact

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

PERLINDUNGAN HUKUM TERHADAP KARYA SENI BATIK YANG BELUM TERDAFTAR MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Inggrit Fernandes
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Cultural Heritage ◽  
Intellectual Property Rights ◽  
Rapid Growth ◽  
Economic Value ◽  
Legal Protection ◽  
Property Law ◽  
Market Demand ◽  
Work Of Art

Batik artwork is one of the treasures of the nation's cultural heritage. Batik artwork is currently experiencing rapid growth. The amount of interest and market demand for this art resulted batik artwork became one of the commodities in the country and abroad. Thus, if the batik artwork is not protected then the future can be assured of a new conflict arises in the realm of intellectual property law. Act No. 28 of 2014 on Copyright has accommodated artwork batik as one of the creations that are protected by law. So that this work of art than as a cultural heritage also have economic value for its creator. Then how the legal protection of the batik artwork yaang not registered? Does this also can be protected? While in the registration of intellectual property rights is a necessity so that it has the force of law to the work produced

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