The Trans-Pacific Partnership and access to essential medicines: patent law, public health and pandemics

2020 ◽  
pp. 312-348
Keyword(s):  
Public Health ◽  
Patent Law ◽  
Essential Medicines ◽  
Access To Essential Medicines

scholarly journals The People's Vaccine: Intellectual Property, Access to Essential Medicines, and the Coronavirus COVID-19

2021 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
The United States ◽  
Open Science ◽  
Essential Medicines ◽  
The European Union ◽  
Health Crisis ◽  
Compulsory Licensing ◽  
Public Health Crisis ◽  
Access To Essential Medicines

This paper explores intellectual property and access to essential medicines in the context of the coronavirus COVID-19 public health crisis. It considers policy solutions to counteract vaccine nationalism and profiteering by pharmaceutical companies and vaccine developers. This paper considers the campaign for the development of a People's Vaccine led by the People’s Vaccine Alliance, UNAIDS, Oxfam and Public Citizen. The WHO has established the ACT Accelerator in order to boost research, development, and deployment of COVID-19 technologies. However, the operation of COVAX thus far has been falling short of its original ambitions. The Medicines Patent Pool has expanded its jurisdiction to include the sharing of intellectual property related to COVID-19. Meanwhile, Costa Rica has proposed a COVID-19 Technology Access Pool – an idea for a new institutional structure which has been taken up by the WHO. In the context of the coronavirus public health crisis, there has also been discussion of the use of compulsory licensing and crown use to counteract profiteering and anti-competitive behavior. There has been a push by Universities Allied for Essential Medicines (UAEM) and others for the public licensing of COVID-19 technologies developed with government funding. The Open COVID Pledge has been taken by a number of intellectual property owners. In response to the assertion of proprietary rights in respect of COVID-19 technologies, the open movement has championed the development of Open Science models of science. India and South Africa have put forward a waiver proposal in the TRIPS Council to enable countries to take action in respect of COVID-19 without fear of retribution under trade laws. While the United States has been willing to support a TRIPS Waiver for vaccines, there remain a number of opponents to a TRIPS Waiver – including the European Union, Germany, Japan, and Switzerland. This paper makes the case that international intellectual property law should accommodate a People's Vaccine.

scholarly journals PEMBERIAN PATEN OBAT-OBATAN DAN PEMENUHAN HAK ASASI MANUSIA TERHADAP KESEHATAN DI INDONESIA

PRANATA HUKUM ◽  
2019 ◽  
Vol 14 (2) ◽  
pp. 208-221
Author(s):  
Chandra Muliawan
Keyword(s):  
Public Health ◽  
Human Rights ◽  
Legal Protection ◽  
Secondary Data ◽  
Patent Law ◽  
Essential Medicines ◽  
High Price ◽  
Business Interests ◽  
The Government ◽  
The Right

Patent which one part of the IPR, are legal protection for inventor of an invention both process and product in the field of technology that can be applied in industry. Granting of patents in the pharmaceutical field impact on the high price of the medicines, it affects of public to access health right which a part of human rights. Based on it, the government should be protecting business interests (private) coincide with the protection, respect and fulfillment of the interests of public health (public health). The problem approach in this study normatively by using secondary data is used as supporting data. The requirements and procedure for patent applications are found in Article 24 paragraph (1) of the Patent Law including those granted based on the application. Procedures and descriptions of registered patents are also regulated as fulfilling prior priority rights for inventors who register their inventions. Priority rights also apply to foreigners who are members of the Paris Convention provided for in Article 1 number 12 of the Patent Law. Article 36 paragraphs (1) and (2) of the Health Law state that the Government has an obligation to guarantee the availability, equity and affordability of health supplies, especially essential medicines. Medicine is part of the needs of the wider community which is also an obligation of the Government to fulfill the right to health as part of human rights.

scholarly journals Universal Access to Essential Medicines: An Evaluation of Nepal’s Free Health Care Scheme

2018 ◽  
Vol 16 (1) ◽  
pp. 36-42 ◽  
Author(s):  
Shiva Raj Adhikari ◽  
Achyut Raj Pandey ◽  
Mamata Ghimire ◽  
Arjun Kumar Thapa ◽  
Dinesh Kumar Lamsal
Keyword(s):  
Public Health ◽  
Health Care ◽  
Service Providers ◽  
Universal Access ◽  
Health Facilities ◽  
Essential Medicines ◽  
Public Health Facilities ◽  
Free Health Care ◽  
Access To Essential Medicines ◽  
Expired Medicines

Background: Access to medicine for the poor is recognized to be difficult task and one of the major challenges in achieving universal health coverage, particularly in low-and- middle income countries. In order to ensure the availability of essential medicines free of cost in public health facilities, Nepal has also commenced Free Health Care Services (FHCS). So, this study aims to evaluate availability, expiry, and stock-out duration of essential medicines at front line service providers in Nepal.Methods: Cross-sectional survey was conducted 28 public health facilities, 7 district warehouses, and 14 private pharmacies in 7 districts of Nepal. The survey was conducted during the March and April 2014. Survey tools recommended by the WHO operational package for assessing, monitoring and evaluating country pharmaceutical situations was used with slight modification as per Nepal’s situation.Results: The availability of medicine was found to be 92.44% in this study. The percentage of expired medicines in district warehouse was found to be 8.40. The average stock-out duration in district warehouse was 0.324 days.Conclusions: Although the availability of essential medicines at peripheral health facilities was found to be satisfactory with lesser proportion of expired medicines, a strong monitoring and evaluation of expired and stock medicines are desirable to maintain and improve the access to essential medicines.

scholarly journals Access to generic antiretrovirals: inequality, intellectual property law, and international trade agreements

2007 ◽  
Vol 23 (suppl 1) ◽  
pp. S85-S96 ◽  
Author(s):  
Arachu Castro ◽  
Michael Westerhaus
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
Universal Access ◽  
Trade Agreements ◽  
The United States ◽  
Patent Law ◽  
Essential Medicines ◽  
Property Law ◽  
Middle Income ◽  
Intellectual Property Law

The governments of numerous low- and middle-income countries are currently instituting rules that strengthen changes in domestic intellectual property legislation, often made to conform to the mandates of "free" trade agreements signed with the United States. These measures frequently include intellectual property provisions that extend beyond the patent law standards agreed upon in recent World Trade Organization negotiations, which promised to balance the exigencies of public health and patent holders. In this paper, we analyze the concern that this augmentation of patent law standards will curtail access to essential medicines, particularly as they relate to the AIDS pandemic. We critically examine the potential threats posed by trade agreements vis-à-vis efforts to provide universal access to antiretroviral medications and contend that the conditioning of economic development upon the strengthening of intellectual property law demands careful attention when public health is at stake. Finally, we examine advocacy successes in challenging patent law and conclude that greater advocacy and policy strategies are needed to ensure the protection of global health in trade negotiations.

Sign in / Sign up

Export Citation Format

Share Document