The Cycle of Action and Reaction: Developments and Trends in Intellectual Property and Health

NEGOTIATING HEALTH: INTELLECTUAL PROPERTY AND ACCESS TO MEDICINES, p. 27, P. Roffe, G. Tansey and D. Vivas-Eugui, eds., Earthscan, 2005

FSU College of Law, Public Law Research Paper

FSU College of Law, Law, Business & Economics Paper

14 Pages Posted: 20 Jan 2012

See all articles by Frederick M. Abbott

Frederick M. Abbott

Florida State University - College of Law

Date Written: October 31, 2005

Abstract

The wheel of the global medicines supply market is broken, but proposals for fixing it are at very early stages. The patent is an instrument designed to aggregate production capital, and for some product sectors the patent may be the best means for promoting the introduction of new products. But patents are not a stand-alone mechanism for addressing the world’s medicines supply needs. The patent-market system distributes output on the basis of capacity to pay, and allocates R&D toward financial demand, irrespective of public health priorities. The next chapter in the public health debate should consider the regulatory mechanisms most likely to serve the medicines interests of the wider world community, whether that involves new regulation of the existing patent system, or changing the patent spoke on the broken supply wheel.

Keywords: patents, public health, medicines, TRIPS Agreement, developing countries, negotiating

JEL Classification: I18, K32, K33, O31

Suggested Citation

Abbott, Frederick M., The Cycle of Action and Reaction: Developments and Trends in Intellectual Property and Health (October 31, 2005). NEGOTIATING HEALTH: INTELLECTUAL PROPERTY AND ACCESS TO MEDICINES, p. 27, P. Roffe, G. Tansey and D. Vivas-Eugui, eds., Earthscan, 2005 , FSU College of Law, Public Law Research Paper, FSU College of Law, Law, Business & Economics Paper, Available at SSRN: https://ssrn.com/abstract=1988461

Frederick M. Abbott (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Tallahassee, FL 32306
United States
850-644-1572 (Phone)
850-645-4862 or 917-591-3112 (Fax)

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