ACTA and Access to Medicines
Sean M. Flynn
American University - Washington College of Law; Program on Information Justice and Intellectual Property
October 6, 2011
The Greens, European Free Alliance, 2011
American University, WCL Research Paper No. 2012-03
The Greens/EFA Internet Core Group in the European Parliament, and a collection of its individual members, commissioned this analysis of potential impacts of the Anti-Counterfeiting Trade Agreement (ACTA) on access to medicines in developing countries.” On the whole, ACTA negotiators created an agreement that shifts international “hard law” rules and “soft law” encouragements toward making enforcement of intellectual property rights in courts, at borders, by the government and by private parties easier, less costly, and more “deterrent” in the level of penalties. In doing so, it increases the risks and consequences of wrongful searches, seizures, lawsuits and other enforcement actions for those relying on intellectual property limitations and exceptions to access markets, including the suppliers of legitimate generic medicines. This, in turn, is likely to make affordable medicines more scarce and dear in many countries.
Number of Pages in PDF File: 42
Keywords: Intellectual property, ACTA, generic medicinesAccepted Paper Series
Date posted: January 9, 2012
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