Trips, Patents and Access to Life-Saving Drugs in the Developing World

40 Pages Posted: 14 Sep 2004

See all articles by Bryan Christopher Mercurio

Bryan Christopher Mercurio

Chinese University of Hong Kong - Faculty of Law; University of New South Wales - Faculty of Law

Abstract

While the recent WTO agreement allowing developing countries to import life-saving drugs by bypassing patent laws is beneficial, a majority of the drugs used to combat epidemics are off-patent or not patented in many developing countries. Consequently, the agreement will do very little to assist those nations in preventing and treating public health crises and epidemics. Extreme poverty, lack of funding for healthcare, and little or no resources available for the storage, transport, and distribution of drugs must be addressed before there can be any hope of alleviating the suffering.

Keywords: TRIPS, intellectual property, WTO, patents, developing countries, compulsory license

JEL Classification: K33, K32, K19, I18, I34

Suggested Citation

Mercurio, Bryan Christopher, Trips, Patents and Access to Life-Saving Drugs in the Developing World. Marquette Intellectual Property Law Review, Vol. 8, 2004. Available at SSRN: https://ssrn.com/abstract=589064

Bryan Christopher Mercurio (Contact Author)

Chinese University of Hong Kong - Faculty of Law ( email )

6/F Western Teaching Complex
Shatin, New Territories
Hong Kong
(852) 2696 1139 (Phone)

University of New South Wales - Faculty of Law

Kensington, New South Wales 2052
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
1,135
Abstract Views
4,750
rank
18,089
PlumX Metrics