Much Ado About the TPP’s Effect on Pharmaceuticals

Southern Methodist University Science and Technology Law Review (Forthcoming)

26 Pages Posted: 5 Apr 2017

See all articles by Emily Michiko Morris

Emily Michiko Morris

University of Maine - School of Law; Shanghai University of Political Science and Law (SHUPL)

Date Written: March 14, 2017

Abstract

The Trans-Pacific Partnership Agreement’s many provisions that were beneficial to the pharmaceutical industry have caused a good deal of controversy. Specifically, critics allege that the TPP’s provisions requiring that member states expand patentable subject matter, adjust pharmaceutical patent terms, and link regulatory marketing approval to a drug's patent status would have raised drug prices and hindered access to medicines, particularly in developing countries. Closer examination of these provisions as well as the various ways in which member states can modify or ameliorate the effects of these provisions suggests that their potential effect on drug prices and access to health care is not nearly so clear, however.

Keywords: Trans-Pacific Partnership Agreement, pharmaceuticals, patent, patentable subject matter, developing country, access to medicine, patent term adjustment, patent linkage, trade agreements

Suggested Citation

Morris, Emily Michiko, Much Ado About the TPP’s Effect on Pharmaceuticals (March 14, 2017). Southern Methodist University Science and Technology Law Review (Forthcoming). Available at SSRN: https://ssrn.com/abstract=2947114

Emily Michiko Morris (Contact Author)

University of Maine - School of Law ( email )

246 Deering Avenue
Portland, ME 04102
United States

HOME PAGE: http://mainelaw.maine.edu/faculty/profile/michiko-morris-emily/

Shanghai University of Political Science and Law (SHUPL) ( email )

7989 Wai Qingsong Road
Shanghai, P.R 201701
China

HOME PAGE: http://www.shupl.edu.cn/

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