wto, trips, patent rules & developing countries links introduction patent effects patent...

WTO, TRIPS, PATENT RULES & DEVELOPING COUNTRIES

Links

IntroductionIntroductionIntroductionIntroduction

Patent EffectsPatent EffectsPatent EffectsPatent Effects

MedicinesMedicinesMedicinesMedicines

SuggestionsSuggestions

ConclusionConclusionConclusionConclusion

WTO,TRIPSWTO,TRIPS

Pb. Health IssPb. Health Iss

Introduction‘There is no patent. Could you patent the sun?

WTO, TRIPS, PATENT RULES WTO, TRIPS, PATENT RULES

& &

THE DEVELOPING COUNTIRESTHE DEVELOPING COUNTIRES


Introduction The WTO, TRIPS rules were introduced The WTO, TRIPS rules were introduced

after continuous lobbying by trans-after continuous lobbying by trans-national corporations (TNCs). national corporations (TNCs).

The Agreement forces the member The Agreement forces the member countries to grant at least 20-year countries to grant at least 20-year patent protection in all fields of patent protection in all fields of technology, including medicines.technology, including medicines.

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Introduction

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Introduction…..

This enables already powerful This enables already powerful developed countries pharmaceutical developed countries pharmaceutical TNCs to join their market domination TNCs to join their market domination on a global scale.on a global scale.

At a time when millions of people are At a time when millions of people are already unable to afford essential already unable to afford essential medicines. medicines.

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Introduction

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Introduction….. How the WTO patent rules work and How the WTO patent rules work and

how they will affect the price of how they will affect the price of medicines in developing countriesmedicines in developing countries

The negative effects of the rules,The negative effects of the rules, Corporate interests & poverty Corporate interests & poverty

reduction reduction Health crisis in developing countriesHealth crisis in developing countries Need for governments to fill the gaps Need for governments to fill the gaps

in pharmaceutical research in pharmaceutical research Who makes the decisions Who makes the decisions Some recommendation for developing Some recommendation for developing

countries. countries. Introduction

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WWTOTO, T, TRIPS RIPS && P Patentsatents

WTO WTO

• • The inter governmental organization The inter governmental organization

• • Promote and liberalize the trade Promote and liberalize the trade

• • Basically an agreement that erects Basically an agreement that erects barriers • Undermines competition barriers • Undermines competition

• • Protects private rightsProtects private rights

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WTO, TRIPS

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TRIPS TRIPS

• • Advisory Committee for Trade Advisory Committee for Trade Negotiations (ACTN) and IPC, convinced Negotiations (ACTN) and IPC, convinced the government that the ‘theft’ of US the government that the ‘theft’ of US technology could be stopped only by technology could be stopped only by creating international rules.creating international rules.

••The US TNCs skillfully enrolled their The US TNCs skillfully enrolled their European and Japanese counterparts to European and Japanese counterparts to put pressure on the other rich country put pressure on the other rich country governments, and the deal was done governments, and the deal was done which laid the groundwork for what which laid the groundwork for what became TRIPS became TRIPS

WWTOTO, T, TRIPS RIPS & P& Patents……atents……

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WTO, TRIPS

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PatentsPatents• • A control or monopoly of some A control or monopoly of some pharmaceutical business, granted by the pharmaceutical business, granted by the country for a particular period of time for country for a particular period of time for the commercial exploitation of a scientific the commercial exploitation of a scientific or technological invention.or technological invention.

• • The social function of patent is to The social function of patent is to stimulate innovation & it is applicable on stimulate innovation & it is applicable on either a product or a process.either a product or a process.

WWTOTO, T, TRIPS RIPS & P& Patents……atents……

WTO, TRIPS

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Patent’s effects on

Developing countries

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Patent Effects

To talk about TRIPS some years ago To talk about TRIPS some years ago was totally unknown; it was something was totally unknown; it was something from another planet to most of us. from another planet to most of us.

Many developing countries were Many developing countries were unaware of the implications of TRIPS. unaware of the implications of TRIPS.

Even now, many of the poorer Even now, many of the poorer countries are unaware to the countries are unaware to the commitments they made in 1994.commitments they made in 1994.

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Patent’s effects….

The new patent rules, at present coming into The new patent rules, at present coming into force in many developing countries force in many developing countries

Introduce new global standards for all memberIntroduce new global standards for all member CountriesCountries

Forced member countries with a minimum Forced member countries with a minimum 20-year patent term for all products, including 20-year patent term for all products, including medicines and the processes by which these medicines and the processes by which these are made.are made.

Patent Effects

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During this period, the prices of many During this period, the prices of many medicines could be at least three and medicines could be at least three and possibly more times higher than they would possibly more times higher than they would previouslypreviously

It is a right of any country to override a patent and It is a right of any country to override a patent and authorize third-party production of a medicine.authorize third-party production of a medicine.

Some industrialized countries, like the Some industrialized countries, like the United States, Japan, Denmark, Germany United States, Japan, Denmark, Germany etc. are using political pressure and the etc. are using political pressure and the threat of trade sanctions to force countries threat of trade sanctions to force countries to enact laws of TRIPS, which exclude to enact laws of TRIPS, which exclude public-health issues. .public-health issues. .


Patent Effects

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All WTO member countries, even the All WTO member countries, even the poorest in the world, must be obedient with poorest in the world, must be obedient with the whole of TRIPS by 2006, depending on the whole of TRIPS by 2006, depending on their stage of development. their stage of development.

Otherwise, rich countries can take them to Otherwise, rich countries can take them to the WTO court, which can impose sanctions the WTO court, which can impose sanctions on those countries. on those countries.

The Agreement is loaded against poor The Agreement is loaded against poor people of the poor countries. Majority of the people of the poor countries. Majority of the TRIPS agreements were heavily biased in TRIPS agreements were heavily biased in favor of the developed countries. favor of the developed countries.


Patent Effects

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IIssue of ssue of PPublic ublic

HHealthealth

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‘ ‘Many – even very poor people – can Many – even very poor people – can afford to buy drugs when the need is afford to buy drugs when the need is urgent and they are desperate. Our urgent and they are desperate. Our parents are just like all parents parents are just like all parents anywhere in the world. If a child is sick, anywhere in the world. If a child is sick, they will do everything they can, to help they will do everything they can, to help that child. They will borrow money. They that child. They will borrow money. They will sell a cow. They will sell the tin from will sell a cow. They will sell the tin from their roof. I see this every day’.their roof. I see this every day’.

Public Health

Dr Zafrullah Chowdhury, health activist in Bangladesh

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IIssue of ssue of PPublic ublic HHealth….ealth…. In this tech world, one in five of the world’s In this tech world, one in five of the world’s population does not have access to health population does not have access to health services. Inadequate water supply and sanitation, services. Inadequate water supply and sanitation, poor diet and the low quality of education are poor diet and the low quality of education are major contributory factors to ill health. major contributory factors to ill health.

Developing country governments could doDeveloping country governments could domore to make medicines available to the poor butmore to make medicines available to the poor butthe governments like the govt. of Pakistan the governments like the govt. of Pakistan continue to spend far less on public health than continue to spend far less on public health than on other priorities, such as military budgets on other priorities, such as military budgets

Public Health

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Price increases shall be a regular Price increases shall be a regular feature, with the introduction of &/or feature, with the introduction of &/or strengthening of patent protection in strengthening of patent protection in developing countries.developing countries.

According to an estimate, prices could According to an estimate, prices could be three times or more during this time. be three times or more during this time. For some products, prices could be ten For some products, prices could be ten or twenty times higher. or twenty times higher.

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MMedicine access, …. edicine access, ….

Medicines

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MMedicine access, …. edicine access, ….

TRIPS will make it harder for domestic TRIPS will make it harder for domestic pharmaceutical industries pharmaceutical industries

Prices could be three times or more Prices could be three times or more during this time. For some products, during this time. For some products, prices could be ten or twenty times prices could be ten or twenty times higher. higher.

Incomes and employment in the sector Incomes and employment in the sector will fallwill fall

Poor countries will become more Poor countries will become more dependent on expensive patented dependent on expensive patented importsimports

Medicines

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GGovt. ovt. RRole ole Allocation of resources would follow Allocation of resources would follow clearly defined public-health priorities. clearly defined public-health priorities.

Availability of cheaper and more easily Availability of cheaper and more easily used medicines.used medicines.

Research priorities should build in a Research priorities should build in a gender dimension and ensure that gender dimension and ensure that treatments for diseases that particularly treatments for diseases that particularly affect women are investigated.affect women are investigated.

All countries, rich and poor are All countries, rich and poor are required to contribute annually based on required to contribute annually based on their capacities, making it a genuine their capacities, making it a genuine global initiative. global initiative.

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Suggestions

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PPharmaceuticals harmaceuticals RRole ole Determining the availability and Determining the availability and affordability of medicinesaffordability of medicines

They develop and manufacture most of They develop and manufacture most of the world’s medicines, deciding what is the world’s medicines, deciding what is produced, and how much it will sell for. produced, and how much it will sell for.

Corporate charity Corporate charity Give EMRGive EMR

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Suggestions

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PPakistan’s akistan’s RRole ole

Designing patent legislation to Designing patent legislation to provide maximum protection for provide maximum protection for public-health needspublic-health needs

Pressure for IP protection that goes Pressure for IP protection that goes beyond TRIPS should be resistedbeyond TRIPS should be resisted

Involving health ministries, other Involving health ministries, other government departments, and government departments, and parliaments in decision-making on IP parliaments in decision-making on IP rules, including fundamental rules, including fundamental questions such as minimum patent questions such as minimum patent length.length.

Encouraging broad public debate on Encouraging broad public debate on the issues.the issues.

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Suggestions

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CConclusiononclusion

In my opinion TRIPS related agreements In my opinion TRIPS related agreements are are

not suitable for majority of developing & not suitable for majority of developing & allall

poor countries to follow.poor countries to follow.

Pakistan has to strengthen its relation Pakistan has to strengthen its relation with with

‘‘Like-Minded Group’ of developing Like-Minded Group’ of developing Countries comprising Cuba, Dominican Countries comprising Cuba, Dominican Republic, Egypt, El Salvador, Honduras, Republic, Egypt, El Salvador, Honduras, India, Indonesia, Malaysia, Nigeria, India, Indonesia, Malaysia, Nigeria, Sri Lanka, and Uganda, Sri Lanka, and Uganda, THANKSTHANKS

Conclusion

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