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Product patents and access to innovative medicines

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  • Dai, Rong
  • Watal, Jayashree

Abstract

Enacted in 1995, the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organisation makes it obligatory for member states to protect pharmaceutical product patents, which has great impacts on global access to medicines. This paper analyses the impact of patents on the availability and affordability of new and innovative medicines in a post-TRIPS era. Our data from IQVIA covers 578 molecules in 70 countries. Using launch data from 1980 to 2017, we find that introducing product patents is important for innovative medicines by speeding up their launch by 14 percent. Innovative medicines are launched sooner than non-innovative ones irrespective of patent regimes. However, we find little evidence that either patentability or innovativeness improves drug availability in low-income countries. With regard to differential pricing, a firm-level strategy to achieve affordable prices for patented medicines, we find that overall, from 2007 to 2017, originator medicine prices are adjusted to local income levels by only 11 percent and generic medicine prices by 26 percent. Prices of generic HIV/AIDS, malaria, and tuberculosis medicines are much better adjusted to local income—by 69 percent—suggesting that disease-specific global policy responses have led to more affordable prices benefiting people with these diseases in poor countries. Also, brand competition in the molecule market can effectively drive down prices of both originator and generic medicines, implying that multiple generic entry is crucial to achieving drug affordability.

Suggested Citation

  • Dai, Rong & Watal, Jayashree, 2021. "Product patents and access to innovative medicines," Social Science & Medicine, Elsevier, vol. 291(C).
    • Handle: RePEc:eee:socmed:v:291:y:2021:i:c:s027795362100811x
    DOI: 10.1016/j.socscimed.2021.114479
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    1. Patricia M. Danzon & Y. Richard Wang & Liang Wang, 2005. "The impact of price regulation on the launch delay of new drugs—evidence from twenty‐five major markets in the 1990s," Health Economics, John Wiley & Sons, Ltd., vol. 14(3), pages 269-292, March.
    2. DiMasi, Joseph A. & Grabowski, Henry G. & Hansen, Ronald W., 2016. "Innovation in the pharmaceutical industry: New estimates of R&D costs," Journal of Health Economics, Elsevier, vol. 47(C), pages 20-33.
    3. Iain M. Cockburn & Jean O. Lanjouw & Mark Schankerman, 2016. "Patents and the Global Diffusion of New Drugs," American Economic Review, American Economic Association, vol. 106(1), pages 136-164, January.
    4. Grossman, Gene M & Helpman, Elhanan, 1994. "Protection for Sale," American Economic Review, American Economic Association, vol. 84(4), pages 833-850, September.
    5. Nebibe Varol & Joan Costa-Font & Alistair McGuire, 2012. "Does Adoption of Pharmaceutical Innovation Respond to Changes in the Regulatory Environment?," Applied Economic Perspectives and Policy, Agricultural and Applied Economics Association, vol. 34(3), pages 531-553.
    6. Sell,Susan K., 2003. "Private Power, Public Law," Cambridge Books, Cambridge University Press, number 9780521819145, September.
    7. Sampat, Bhaven N. & Shadlen, Kenneth C., 2015. "Drug patenting in India: looking back andlooking forward," LSE Research Online Documents on Economics 62652, London School of Economics and Political Science, LSE Library.
    8. Nebibe Varol & Joan Costa-Font & Alistair McGuire, 2012. "Does Adoption of Pharmaceutical Innovation Respond to Changes in the Regulatory Environment?," Applied Economic Perspectives and Policy, Agricultural and Applied Economics Association, vol. 34(3), pages 531-553.
    9. Sudip Chaudhuri & Maureen Mackintosh & Phares G M Mujinja, 2010. "Indian Generics Producers, Access to Essential Medicines and Local Production in Africa: An Argument with Reference to Tanzania," The European Journal of Development Research, Palgrave Macmillan;European Association of Development Research and Training Institutes (EADI), vol. 22(4), pages 451-468, September.
    10. Patricia M. Danzon & Andrew W. Mulcahy & Adrian K. Towse, 2015. "Pharmaceutical Pricing in Emerging Markets: Effects of Income, Competition, and Procurement," Health Economics, John Wiley & Sons, Ltd., vol. 24(2), pages 238-252, February.
    11. Kaplan, Warren A. & Ritz, Lindsay Sarah & Vitello, Marie & Wirtz, Veronika J., 2012. "Policies to promote use of generic medicines in low and middle income countries: A review of published literature, 2000–2010," Health Policy, Elsevier, vol. 106(3), pages 211-224.
    12. Sell,Susan K., 2003. "Private Power, Public Law," Cambridge Books, Cambridge University Press, number 9780521525398, September.
    13. Wagner, Stefan & Wakeman, Simon, 2016. "What do patent-based measures tell us about product commercialization? Evidence from the pharmaceutical industry," Research Policy, Elsevier, vol. 45(5), pages 1091-1102.
    14. Jorge Mestre-Ferrandiz;Jon Sussex;Adrian Towse, 2012. "The R&D Cost of a New Medicine," Monograph 000135, Office of Health Economics.
    15. Henry G. Grabowski & Margaret Kyle, 2007. "Generic competition and market exclusivity periods in pharmaceuticals," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 28(4-5), pages 491-502.
    16. Margaret K. Kyle, 2006. "The role of firm characteristics in pharmaceutical product launches," RAND Journal of Economics, RAND Corporation, vol. 37(3), pages 602-618, September.
    17. repec:clg:wpaper:2009-01 is not listed on IDEAS
    18. Sternitzke, Christian, 2010. "Knowledge sources, patent protection, and commercialization of pharmaceutical innovations," Research Policy, Elsevier, vol. 39(6), pages 810-821, July.
    19. Margaret K. Kyle, 2007. "Pharmaceutical Price Controls and Entry Strategies," The Review of Economics and Statistics, MIT Press, vol. 89(1), pages 88-99, February.
    20. Mario Cleves & William W. Gould & Roberto G. Gutierrez & Yulia Marchenko, 2010. "An Introduction to Survival Analysis Using Stata," Stata Press books, StataCorp LP, edition 3, number saus3, March.
    21. Bate, Roger & Jin, Ginger Zhe & Mathur, Aparna, 2011. "Does price reveal poor-quality drugs? Evidence from 17 countries," Journal of Health Economics, Elsevier, vol. 30(6), pages 1150-1163.
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    1. van der Waal, Mark B. & Feddema, Jelle J. & van de Burgwal, Linda H.M., 2023. "Mapping the broad societal impact of patents," Technovation, Elsevier, vol. 128(C).

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