From TRIPS-Plus to Rights-Plus? Exploring Right to Health Impact Assessment of Trade-Related Intellectual Property Rights Through the Thai Experience

Asian Journal of WTO and International Health Law and Policy, Vol. 7, No. 2, pp. 347-375, 2012

31 Pages Posted: 30 Mar 2013

Date Written: March 28, 2012

Abstract

Current international trade rules such as the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) may restrict domestic policy options to increase access to affordable medicines. This impact is amplified in bilateral and regional free trade agreements containing stronger “TRIPS-Plus” intellectual property rights. These rules may run counter to the human rights imperative to increase access to affordable medicines, with deleterious impacts on individual and population health. This paper explores the feasibility of implementing an impact assessment tool drawn from the international human right to health to measure and remediate these impacts. It explores the potential utility of this tool against the backdrop of law, theory and politics relevant to global pharmaceutical access, focusing on relevant policy experience in Thailand.

Keywords: TRIPS, TRIPS-Plus, right to health, right to health impact assessment tool, RTHIA, Thai-U.S. FTA negotiation, National Human Rights Commission of Thailand

Suggested Citation

Forman, Lisa, From TRIPS-Plus to Rights-Plus? Exploring Right to Health Impact Assessment of Trade-Related Intellectual Property Rights Through the Thai Experience (March 28, 2012). Asian Journal of WTO and International Health Law and Policy, Vol. 7, No. 2, pp. 347-375, 2012. Available at SSRN: https://ssrn.com/abstract=2241172

Lisa Forman (Contact Author)

University of Toronto ( email )

Toronto, Ontario M5S 3G8
Canada

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