Intellectual Property Rights And Pharmaceuticals The Case Of Antibiotics
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Intellectual property rights and pharmaceuticals: The case of antibiotics by World Intellectual Property Organization,Bhaven N. Sampat Pdf
The development and diffusion of antibiotics contributed to large improvements in human health and living standards. The antibiotic revolution also spawned the modern pharmaceutical industry. This paper reviews the development of the early antibiotics, and the roles of intellectual property rights (in particular, patents) in their development and diffusion.
Intellectual Property Rights and Pharmaceuticals by Bhaven N. Sampat Pdf
The development and diffusion of antibiotics contributed to large improvements in human health and living standards. The antibiotic revolution also spawned the modern pharmaceutical industry. This paper reviews the development of the early antibiotics, and the roles of intellectual property rights (in particular, patents) in their development and diffusion. Though today the pharmaceutical sector is typically characterized as one industry where patents are absolutely essential for innovation incentives, patent incentives had a subtle role in the early years of the antibiotic revolution. Indeed, in successive stages of the antibiotic revolution there was increasing focus of pharmaceutical firms on patents and exclusivity. The new technologies shaped patent laws and practices as much as patents influenced innovation incentives: technology and institutions co-evolved. Beyond patents and intellectual property, wartime exigencies and several forms of university-industry collaboration also appear to have been important in supporting breakthrough antibiotic innovations.
The Effects of Extending Intellectual Property Rights Protection to Developing Countries by Shubham Chaudhuri,Pinelopi K. Goldberg,Panle Jia Pdf
Under the TRIPS agreement, WTO members are required to enforce product patents for pharmaceuticals. The debate about the merits of this requirement has been and continues to be extremely contentious. Many poor developing economies claim that patent protection for pharmaceuticals will result in substantially higher prices for medicines, with adverse consequences for the health and well-being of their citizens. On the other hand, research-based global pharmaceutical companies, which claim to have lost billions of dollars because of patent infringement, argue that prices are unlikely to rise significantly because most patented products have therapeutic substitutes. In this paper we empirically investigate the basis of these claims. Central to the ongoing debate is the structure of demand for pharmaceuticals in poor economies where, because health insurance coverage is so rare, almost all medical expense are met out-of-pocket. Using a product-level data set from India, which is unique in terms of its detail and coverage, we estimate key price and expenditure elasticities and supply-side parameters for the fluoroquinolones sub-segment of the systemic anti-bacterials (i.e., antibiotics) segment of the Indian pharmaceuticals market. We then use these estimates to carry out counterfactual simulations of what prices, profits (of both domestic firms and multinational subsidiaries) and consumer welfare would have been, had the fluoroquinolone molecules we study been under patent in India as they were in the U.S. at the time. Our results suggest that concerns about the potential adverse welfare effects of TRIPS may have some basis. We estimate that - in the absence of any price regulation or compulsory licensing - the total annual welfare losses to the Indian economy from the withdrawal of the four domestic product groups in the fluoroquinolone sub-segment would be on the order of U.S. $713 million, or about 118% of the sales of the entire systemic anti-bacter.
TRIPS and Access to Medicines by Renata Curzel Pdf
Although ideally a patent system for pharmaceuticals should serve to incentivize research into the development of new medicines, the COVID-19 pandemic has exposed the equal importance of drug access and affordability. This book, by focusing on the Brazilian rule which makes the grant of pharmaceutical patents dependent on the prior consent of the National Health Surveillance Agency (ANVISA), shows how the Brazilian model affords an example for other countries to follow in dealing with tensions between patent protection and the right to healthcare. Based on an empirical study in which the author examined 147 reports issued by ANVISA as a basis for its decisions, the book deals with such central questions concerning the interface of regulation and innovation in the patent system as the following: compatibility between ANVISA’s prior consent mechanism and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement; how “evergreening” and “trivial patents” undermine public health and access to medicines; ways of correcting abuses of patent rights and controlling quality of patents; and the discourse on health as a human right. Along with her examination of ANVISA reports, the author analyzes how Article 229-C LPI, which introduced the need of ANVISA’s prior consent to the patent grant of pharmaceuticals in Brazil, has been interpreted in Brazilian case law. Interviews with Brazilian experts are also included. In its commitment to harmonizing patent rights and the right to access of affordable medicines, Brazil’s patent system for pharmaceuticals stands out as a workable response to the basic problem of access to medicines in the developing world. By describing the successes and failures in the Brazilian policy of promoting drug access, this book helps policymakers in developing and emerging countries to better explore TRIPS flexibilities when dealing with similar problems, and provides practitioners in the law of the World Trade Organization, patent law, competition law, and health law with a guide to how a more equitable pharmaceutical patenting system could work in practice.
Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade by World Intellectual Property Organization Pdf
This study has emerged from an ongoing program of trilateral cooperation between WHO, WTO and WIPO. It responds to an increasing demand, particularly in developing countries, for strengthened capacity for informed policy-making in areas of intersection between health, trade and IP, focusing on access to and innovation of medicines and other medical technologies.
Intellectual Property and Public Health in the Developing World by Monirul Azam Pdf
Across the world, developing countries are attempting to balance the international standards of intellectual property concerning pharmaceutical patents against the urgent need for accessible and affordable medicines. In this timely and necessary book, Monirul Azam examines the attempts of several developing countries to walk this fine line. He evaluates the experiences of Brazil, China, India, and South Africa for lessons to guide Bangladesh and developing nations everywhere. Azam's legal expertise, concern for public welfare, and compelling grasp of principal case studies make Intellectual Property and Public Health in the Developing World a definitive work. The developing world is striving to meet the requirements of the World Trade Organization's TRIPS Agreement on intellectual property. This book sets out with lucidity and insight the background of the TRIPS Agreement and its implications for pharmaceutical patents, the consequences for developing countries, and the efforts of certain representative nations to comply with international stipulations while still maintaining local industry and public health. Azam then brings the weight of this research to bear on the particular case of Bangladesh, offering a number of specific policy recommendations for the Bangladeshi government—and for governments the world over. Intellectual Property and Public Health in the Developing World is a must-read for public policy-makers, academics and students, non-governmental organizations, and readers everywhere who are interested in making sure that developing nations meet the health care needs of their people.
World Intellectual Property Report by World Intellectual Property Organization Pdf
WIPO's latest World Intellectual Property Report (WIPR) explores the role of IP at the nexus of innovation and economic growth, focusing on the impact of breakthrough innovations.
Author : Ellen F. M. 't Hoen Publisher : Unknown Page : 136 pages File Size : 54,8 Mb Release : 2009 Category : Agreement on Trade-Related Aspects of Intellectual Property Rights ISBN : 9079700061
The Global Politics of Pharmaceutical Monopoly Power by Ellen F. M. 't Hoen Pdf
In The Global Politics of Pharmaceutical Monopoly Power, researcher and global advocate Ellen 't Hoen explains how new global rules for pharmaceutical patenting impact access to medicines in the developing world. The book gives an account of the current debates on intellectual property, access to medicines, and medical innovation, and provides historical context that explains how the current system emerged. This book supports major policy changes in the management of pharmaceutical patents and the way medical innovation is financed in order to protect public health and, in particular, promote access to essential medicines for all. The Open Society Institute provided support to translate this report into Russian.
Intellectual Property Issues in Microbiology by Harikesh Bahadur Singh,Chetan Keswani,Surya Pratap Singh Pdf
In the current era current era of significant innovations, science and technology are powerful tools improving human welfare through prosperity and sustainable development. The development of microbiology based industries in any given country is shaped by the characteristics of its technology—particularly its close relation to scientific knowledge, and by country-specific factors such as the level and nature of the scientific knowledge base, the institutional set-up, and the role assumed by the government, all of which influence the country's ability to exploit the new opportunities. This unique book presents an integrated approach for sustained innovation in various areas of microbiology. Focusing on the industrial and socio-legal implications of IPR in microbiological advances, it offers a comprehensive overview not only of the implications of IPR in omics-based research but also of the ethical and intellectual standards and how these can be developed for sustained innovation. The book is divided into three sections discussing current advances in microbiological innovations, recent intellectual property issues in agricultural, and pharmaceutical microbiology respectively. Integrating science and business, it offers a glimpse behind the scenes of the microbiology industry, and provides a detailed analysis of the foundations of the present day industry for students and professionals alike.
World Intellectual Property Organization,Vivian Barcelos,Marina Filgueiras,Jorge Bruno Le Feuvre,Felipe Lopes,Sergio Medeiros Paulino,Vera Pinheiro,Julio Raffo,Leonardo Ribeiro
Author : World Intellectual Property Organization,Vivian Barcelos,Marina Filgueiras,Jorge Bruno Le Feuvre,Felipe Lopes,Sergio Medeiros Paulino,Vera Pinheiro,Julio Raffo,Leonardo Ribeiro Publisher : WIPO Page : 99 pages File Size : 41,8 Mb Release : 2014 Category : Law ISBN : 8210379456XXX
The Use of Intellectual Property in Brazil by World Intellectual Property Organization,Vivian Barcelos,Marina Filgueiras,Jorge Bruno Le Feuvre,Felipe Lopes,Sergio Medeiros Paulino,Vera Pinheiro,Julio Raffo,Leonardo Ribeiro Pdf
This study describes patterns and trends of intellectual property use in Brazil, drawing on a new statistical database (BADEPI).
Artificial Intelligence and Intellectual Property by World Intellectual Property Organization Pdf
The emergence of Artificial Intelligence (AI) has profound implications for intellectual property (IP) frameworks. While much of the discussion so far has focused on the legal implications, we focus on the economic dimension. We dissect AI's role as both a facilitator and disruptor of innovation and creativity. Recalling economic principles and reviewing relevant literature, we explore the evolving landscape of AI innovation incentives and the challenges it poses to existing IP frameworks. From patentability dilemmas to copyright conundrums, we find that there is a delicate balance between fostering innovation and safeguarding societal interests amidst rapid technological progress. We also point to areas where future economic research could offer valuable insights to policymakers.
World Intellectual Property Report 2022 by World Intellectual Property Organization Pdf
What is the direction of innovation? As the world looks to rebuild from the pandemic, innovation has a crucial role to play in opening up new growth possibilities and creating much needed solutions to the common challenges we face. Decisions on innovation may be complex, but, as this report highlights, it is vital that they are understood.
Promoting Access to Medical Technologies and Innovation - Intersections between Public Health, Intellectual Property and Trade. by World Intellectual Property Organization,World Health Organisation (WHO),World Trade Organisation (WTO) Pdf
This study seeks to reinforce the understanding of the interplay between the distinct policy domains of health, trade and intellectual property, and of how they affect medical innovation and access to medical technologies. The second edition comprehensively reviews new developments in key areas since the initial launch of the study in 2013.
Batman forever? The economics of overlapping rights by Cuntz, Alexander,Kaiser, Franziska,World Intellectual Property Organization Pdf
When copyrighted comic characters are also protected under trademark laws, intellectual property (IP) rights can be overlapping. Arguably, registering a trademark can increase transaction costs for cross-media uses of characters, or it can help advertise across multiple sales channels. In an application to book, movie and video game publishing industries, we thus ask how creative reuse (innovation in uses) is affected in situations of overlapping rights, and whether ‘fuzzy boundaries’ of right frameworks are in fact enhancing or decreasing content sales.
The Use of Intellectual Property in Chile by World Intellectual Property Organization,María José Abud,Carsten Fink,Bronwyn Hall,Christian Helmers Pdf
This study describes patterns and trends of intellectual property (IP) use in Chile, drawing on a new database containing all patent, trademark, utility model, and design filings received by the Chilean IP office over the period 1991-2010. Among other things, the study offers insights into the drivers of filing growth, the origin of filings, the distribution of applicants, the importance of different applicant types, the share of filings by different economic sectors, the relevance of IP bundles, and the patenting behavior of Chilean applicants overseas.
