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The Use of Flexibilities in TRIPS by Developing Countries: Can They Promot Access to Medicines?

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  • Sisule F. Musungu

Abstract

From a public health perspective, developed and developing countries not only have the flexibility to utilize and/or facilitate the utilization of TRIPS flexibilities for public health purposes, but they infact have an obligation to do so. Consequently, notwithstanding the tentative steps that have been taken in this direction, further guidence and clarity is required to facilitate the incorporation of TRIPS flexibilities and their use to promote access to medicines. This clarity can be assured by defining public health principles and guidelines, which such intellectual property-related measures are intended to meet.

Suggested Citation

  • Sisule F. Musungu, 2008. "The Use of Flexibilities in TRIPS by Developing Countries: Can They Promot Access to Medicines?," Working Papers id:1649, eSocialSciences.
    • Handle: RePEc:ess:wpaper:id:1649
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    Citations

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    Cited by:

    1. Carlos M. Correa, 2016. "Intellectual Property: How Much Room is Left for Industrial Policy?," Journal of International Commerce, Economics and Policy (JICEP), World Scientific Publishing Co. Pte. Ltd., vol. 7(02), pages 1-22, June.
    2. Joseph Mai & Andrey Stoyanov, 2014. "Home Country Bias in the Legal System: Empirical Evidence from the Intellectual Property Rights Protection in Canada," Working Papers 2014_3, York University, Department of Economics.
    3. Sweet, Cassandra Mehlig & Eterovic Maggio, Dalibor Sacha, 2015. "Do Stronger Intellectual Property Rights Increase Innovation?," World Development, Elsevier, vol. 66(C), pages 665-677.
    4. Gentile, Elisabetta, 2017. "Intellectual Property Rights and Foreign Technology Licensing in Developing Countries: An Empirical Investigation," ADB Economics Working Paper Series 515, Asian Development Bank.
    5. Samira Guennif, 2007. "Global harmonisation of intellectual property rights and local impact. Patent and access to medicines in developing countries under TRIPS and TRIPS plus provisions [Harmonisation globale des systèm," Post-Print hal-01345869, HAL.
    6. Sunil Kanwar, 2012. "Intellectual Property Protection and Technology Licensing: The Case of Developing Countries," Journal of Law and Economics, University of Chicago Press, vol. 55(3), pages 539-564.
    7. Guennif, Samira, 2015. "La licence obligatoire : outil emblématique de la protection de la santé publique au Sud," Revue de la Régulation - Capitalisme, institutions, pouvoirs, Association Recherche et Régulation, vol. 17.
    8. Kenneth C. Shadlen, 2011. "The Political Contradictions of Incremental Innovation: Lessons from Pharmaceutical Patent Examination in Brazil," Politics & Society, , vol. 39(2), pages 143-174, June.
    9. Patrick L. Osewe & Yvonne K. Nkrumah & Emmanuel K. Sackey, 2010. "Improving Access to HIV/AIDS Medicines in Africa : Trade-related Aspects of Intellectual Property Rights Flexibilities," World Bank Publications - Books, The World Bank Group, number 13542.

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