Access to Medicines in Developing Countries and Free Trade Agreements: The Case of the US-DR-CAFTA with Focus on Costa Rica.

Abstract

The scope of this paper is to provide an analysis of the impact of the IP provisions of a free trade agreement, the US-DR-CAFTA, in the context of access to medicines in developing countries. The paper appraises whether the said provisions depart from the framework set by TRIPS, to which extent they create a more stringent framework by the inclusion of TRIPS plus provisions, heavily criticised because of their repercussions on the fundamental right to health. There is also an assessment of whether these provisions have determined a change of the related IP law provisions in the CAFTA Member State, Costa Rica, and whether access to affordable or indispensable medicines has been affected or not. In conclusion, some improvements are recommended along with an overall assessment of the IP provision of the country, as a result of CAFTA implementation.

Keywords: Access to Medicines; CAFTA; Developing Countries; Free Trade Agreement; TRIPS Plus