An Overview of 'TRIPS-Plus' Standards

Abstract

This chapter provides an overview of international developments since TRIPS that further impact access to medicine. In particular, some countries are now required to adopt higher standards than those required by TRIPS. These “TRIPS-Plus” standards are predominantly implemented as a result of bilateral or regional trade agreements instigated by wealthy countries since the conclusion of TRIPS. Although they are dubbed “TRIPS-Plus,” they have no formal relation to TRIPS. Rather, the term is used to indicate that these requirements go beyond the minimum obligations imposed under TRIPS.

This chapter explains common themes among TRIPS-Plus requirements that impact the cost of drugs. This thematic approach aims to highlight how drug costs may be impacted, as well as how and why countries adopt such requirements; however, it is not intended to provide a comprehensive review of every enacted or pending TRIPS-Plus requirement. Rather, other chapters (separately posted on SSRN) discuss specific topics in more detail, such as data exclusivity and patent linkage.

Keywords: TRIPS, TRIPS-Plus, FTA, PCT, Pipeline, Access to medicine, data exclusivity, patent linkage, generic drug

JEL Classification: F10, F13, K20, K29, O34, K33, L52