scholarly journals Patents and public health

2019 ◽  
Vol 5 (1) ◽  
pp. 55-68
Author(s):  
J. M. Corberá Martínez
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
Intellectual Property ◽  
Current System ◽  
Access To Medicines ◽  
Social Consequences ◽  
Point Of View ◽  
Patent Rights ◽  
Economic Nature

Tensions are now known between the interests of holders of patent rights over medicines and those of other groups, especially in developing countries. This work tries to deepen these interests from a point of view, mainly legal, which is accompanied by comments of an economic nature, while identifying possible legal and institutional ways to alleviate the negative social consequences of the current system. To this end, the conflicts generated by patents in the context of public health and, specifically, in relation to access to medicines, will be described, to then address the role of intellectual property systems and the concept and scope of public health. Finally, various legal channels will be presented to reconcile the affected interests and possible programmatic and institutional measures.

scholarly journals THE IMPACT OF TRIPS AGREEMENT ON ACCESS TO MEDICINES IN DEVELOPING COUNTRIES: LEGAL CHALLENGES FACED BY THE PHARMACEUTICAL INDUSTRY PARTICULARLY IN INDIA

2012 ◽  
Author(s):  
Kamini Shanmugaiah
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Intellectual Property Rights ◽  
Access To Medicines ◽  
Trips Agreement ◽  
Compulsory Licensing ◽  
Legal Challenges ◽  
The Impact

The impact of intellectual property rights in particular patent relating to public health has posed numerous challenges faced by developing countries who are members of World Trade Organisation (WTO). This paper examines the impact of TRIPS Agreement (Trade Related Intellectual Property Rights) in relation to developing countries in general with specification made to India. Significant changes brought about by the TRIPS flexibilities in particular usage of compulsory licensing and Bolar provision have to a certain extent benefited the developing countries in the field of public health during national emergency. The TRIPS flexibilities by way of amendment have helped countries that (do not possess manufacturing capacities) to import medicines. Some developing countries even utilised TRIPS flexibilities in an aggressive manner to enforce their right to have access to medicines from other countries for the benefit of their citizens. Further, TRIPs flexibilities have helped developing countries to manufacture generic products to make it affordable to the people. This paper specifically examines the impact of the TRIPS Agreement on Indian generic pharmaceutical industry and the legal challenges faced by Indian pharmaceutical industry after the implementation of product patent regime effective from 1 January 2005. The Patent Amendment Act 2005(India) will be looked into especially on the controversy in respect of Section 3(d) of the Patent Amendment Act 2005(India) on the requirement of patentability. The new Section 92A of the Patent Amendment Act 2005(India) on the grounds to invoke compulsory licensing will be analysed to see whether Indian government has applied restrictive or broad approach, as compulsory licensing is certainly an important legal

“Trust Me”: Patent Offices in Developing Countries

2008 ◽  
Vol 34 (2-3) ◽  
pp. 151-174 ◽  
Author(s):  
Peter Drahos
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Access To Medicines ◽  
Property Law ◽  
Patent Office ◽  
Pharmaceutical Markets ◽  
The World

Patent rules matter to the structure and evolution of pharmaceutical markets. If they did not, pharmaceutical multinationals would not spend resources on their globalization and content. The role of pharmaceutical multinationals in shaping the patent provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) has been well documented. The contributions of developing country coalitions and nongovernmental organizations (NGOs) in the World Trade Organization (WTO) on TRIPS and access to medicines have also been studied.One actor, the patent office, has largely escaped detailed scrutiny in the literature that has grown around intellectual property law and access to medicines. There is an obvious explanation. Patent offices are administrative bodies. They administer patent standards that are decided and defined by others – the courts, legislatures or the executive acting in the context of treaty negotiation. For those interested in the structural reform of pharmaceutical markets, reforming patent office administration has not been a high priority.

The Draft Trans–Pacific Partnership Agreement and its Implications for Public Health and Access to Medicines: The UNITAID Report

2014 ◽  
Vol 5 (3) ◽  
pp. 366-373 ◽  
Author(s):  
Stefano Barazza
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
Intellectual Property ◽  
Access To Medicines ◽  
Intellectual Property Protection ◽  
International Organization ◽  
Recent Analysis ◽  
Generic Competition ◽  
Potential Impact ◽  
Partnership Agreement

This report provides an overview of the potential impact of the draft Trans–Pacific Partnership Agreement on public health and access to medicines, in light of a recent analysis conducted by UNITAID. The international organization observed that the increased intellectual property protection endorsed in the draft agreement,which calls for the adoption of TRIPSplus standards, is likely to severely impact generic competition, affecting the availability of medicines in developing countries, and reducing the ability of governments to set the appropriate balance between the protection of innovation and the safeguard of public health

Types of Social Structure as Factors in "Cures" for Alcohol Addiction

1942 ◽  
Vol 1 (3) ◽  
pp. 1-13 ◽  
Author(s):  
Freed Bales
Keyword(s):  
Public Health ◽  
Social Structure ◽  
Effective Treatment ◽  
Alcoholics Anonymous ◽  
Health Problem ◽  
Public Health Problem ◽  
Social Consequences ◽  
Point Of View ◽  
Alcohol Addiction

Alcoholism has presented a serious psychiatric and public health problem for many years both from the point of view of social consequences and from the point of view of effective treatment. Many psychiatrists hesitate to speak of "cures" at all, preferring the terms "improved" or "arrested cases". Although the problem has been attacked from the most various hypotheses concerning the nature of addiction, "cures" have always been very difficult and uncertain, no matter what type of therapy has been used. Against this background of medical and psychiatric experience the claim of one temperance group stands out in startling relief: "One-hundred-per-cent effectiveness with non-psychotic drinkers who sincerely want to quit is claimed by the workers of Alcoholics Anonymous."

NANOTECHNOLOGY AND SOCIOPOLITICAL MODERNITY IN DEVELOPING COUNTRIES; CASE STUDY OF IRAN

2009 ◽  
Vol 15 (3) ◽  
pp. 395-417 ◽  
Author(s):  
Sepehr Ghazinoory ◽  
Reza Ghazinouri
Keyword(s):  
Social Sciences ◽  
Developing Countries ◽  
Potential Effect ◽  
Point Of View ◽  
Enabling Technology ◽  
Political Modernity ◽  
Recent Part ◽  
Modern Technologies

What we must keep in mind is that although nanotechnology is an emerging and high technology, it is still technology or, in other words, it has an instrumental nature and in order to study its effect on societies we have to consider the role of instruments’ evolution in societies and study nanotechnology as the most recent part of this trend. In this article we study the nature of modern technologies, role of technology based economy on different social and political aspects of developing countries; we have a review on the concept of social and political modernity and describe how development of nanotechnology will accelerate those countries’ modernization from social and political point of view in addition to modernizing their economy. So this paper is a cross‐disciplinary study between nanotechnology and social sciences. There are two different scenarios about the future of nanotechnology. One is the proof of radical nanotechnology and the other is the acceptance of the claim that nanotechnology is only an enabling technology. In the present paper, we studied the effects of both scenarios. The obstacles to modernity in Iran and potential effect of nanotechnology on them are studied as a case study. Santrauka Nors nanotechnologija yra nauja ir pažangi technologija, ji tėra tik instrumentas. Norint įvertinti jos reikšmę visuomenei, reikia išnagrinėti panašių instrumentų raidą visuomenėse ir vertinti nanotechnologiją kaip naujausią tendenciją. Šiame straipsnyje ištirta šiuolaikinių technologijų prigimtis, technologijos vaidmuo žinių ekonomikoje skirtingais besivystančių šalių socialiniais ir politiniais periodais, apžvelgtos socialinio ir politinio šiuolaikiškumo sąvokos, apibūdinta, kaip išsivysčiusios nanotechnologijos pagreitins šalių modernizaciją socialiniu ir politiniu požiūriu be jų ekonomikos modernizavimą. Šis straipsnis yra nanotechnologijos ir socialinių mokslų tarpdisciplininė studija. Yra du skirtingi nanotechnologijos ateities scenarijai: pirmasis teigia, kad nanotechnologija sukels radikalių pokyčių; antrasis skelbia, kad nanotechnologija yra tiktai galimybių suteikimo technologija. Šiame straipsnyje tyrinėti abiejų scenarijų padariniai, tirtos kliūtys šiuolaikiškumui Irane įsitvirtinti ir nanotechnologijos poveikis šaliai.

scholarly journals Intellectual Property: How Much Room is Left for Industrial Policy?

2016 ◽  
Vol 07 (02) ◽  
pp. 1650012 ◽  
Author(s):  
Carlos M. Correa
Keyword(s):  
Developing Countries ◽  
Intellectual Property ◽  
Industrial Policy ◽  
Developed Countries ◽  
Trade Negotiations ◽  
Local Production ◽  
Ip Protection ◽  
Industrial Policies ◽  
Industrialization Process

The early industrialization process in developed countries took place under flexible frameworks of intellectual property (IP) protection. Those countries, however, proposed and obtained in trade negotiations the adoption of an international IP regime that expanded and strengthened such protection. While the role of this regime, especially patents, in promoting innovation is controversial, it may effectively limit the ability of developing countries to implement industrial policies. These countries can preserve some room to implement such policies by using certain flexibilities, such as applying rigorous standards of patentability and granting compulsory licenses to broaden the space for local production.

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