Safeguarding Access to Medicines in Developing Countries: Strategies and Principles

Abstract

The Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) has harmonised standards for intellectual property rights, including patents. For developing countries, these new standards are usually higher than their previous standards. As a result, it will take longer for generic versions of new drugs to enter their markets. This risks compromising access to medicines.

This paper points out that developing countries can mitigate the negative impact on access by ensuring that domestic laws contain workable provisions for compulsory licensing and other TRIPS-compliant safeguard mechanisms and by gaining experience in using them. But countries should also avoid issuing trivial patents, for instance by applying strict criteria for patentability. This will, however, require a change in attitude towards and administration of intellectual property rights. Generics companies should nurture and actively support a more critical attitude to pharmaceutical patents.