Authors: Francisco Rossi
Addresses: Poverty centre, UNDP, Brasilia, Brazil
Abstract: This paper examines the intellectual property clauses incorporated into recent bilateral and regional free trade agreements, particularly those signed by the USA with developing countries, and their implications for public health. The TRIPS-Plus provisions in these agreements are highlighted. These provisions are intended to put restrictions on the use of international non-proprietary names (INN), to extend patent duration beyond 20 years, to protect data of safety and efficacy with product exclusivity in the market, and finally to link patents to health registration. All these measures strengthen IP holders| rights, increasing the prices of new drugs and limiting room for public health authorities to provide necessary drugs to the population.
Keywords: TRIPS-plus; free trade agreements; FTAs; drug access; intellectual property management; IPM; TRIPS: Agreement on Trade-Related Aspects of Intellectual Property Rights; IPR; public health; pharmaceuticals; developing countries; access to medicines.
International Journal of Intellectual Property Management, 2006 Vol.1 No.1/2, pp.150 - 172
Published online: 03 Oct 2006 *Full-text access for editors Full-text access for subscribers Purchase this article Comment on this article