The history of patent harmonization is a story of dynamic actors, whose interactions with established structures shaped the patent regime. From the inception of the trade regime to include intellectual property (IP) rights to the present, this book documents the role of different sets of actors – states, transnational business corporations, or civil society groups – and their influence on the structures – such as national and international agreements, organizations, and private entities – that have caused changes to healthcare and access to medication. Presenting the debates over patents, trade, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as it galvanized non-state and nonbusiness actors, the book highlights how an alternative framing and understanding of pharmaceutical patent rights emerged: as a public issue, instead of a trade or IP issue. The book thus offers an important analysis of the legal and political dynamics through which the contest for access to lifesaving medication has been, and will continue to be, fought.
In addition to academics working in the areas of international law, development, and public health, this book will also be of interest to policy makers, state actors, and others with relevant concerns working in nongovernmental and international organizations.
Introduction Access to Medicine and TRIPS Agreement: A Historiographic Mapping of the Tradescape
Srividhya Ragavan and Amaka Vanni
Part I: International Norm Setting and Patent Metamorphosis: First Generation
1. World Trade Organization: A Barrier to Global Public Health?
2. World Health Organization: Contributions to Access to Health and TRIPS Agreement Discourse
Susan Isiko Štrba
3. From TRIPS to Access to Medicines: What’s There in Between?
4. Free Trade Agreements: Longer, Further, Deeper Impact on Pharmaceutical Patents
5. From the TPP to USMCA: A High-Powered Battle over Biologics
6. African Union Continental Free Trade Area: Opportunities for New Regional Discourse?
J. Janewa Osei-Tutu
7. U.S. Litigated Government Funded Patents in Europe and Japan: A First Look
Teo Firpo and Michael S. Mireles
Part II: State Action and the Access to Medicine Debate: Second Generation
8. Brazil: Patent Barriers and Access to Medicine through Public Health System
Gabriela Costa Chaves, Maria Auxiladora Oliveira, and Jorge Antonio Zepeda Bermudez
9. China: From Struggle to Surge: China's TRIPS Experience and its Lessons for Access to Medicines
Peter K. Yu
10. Canada: Access to Medicine in High-Income Countries
Gaëlle Groux and Jeremy de Beer
11. India: Pharmaceutical Patents and Evergreen Battle for Access to Medicine
12. South Africa’s Three Decades of Access to Medicine Discourse: Blight or Benefit
Caroline B. Ncube
13. Thailand: Shooting Star for Access to Medicine through Compulsory Licensing
Van Anh Le
14. United States: Unilateral Norm Setting Using Special 301
Part III: Global Patterns and Emerging Issues: Third Generation
15. Access to Medicines Activism: Collaboration, Conflicts, and Complementarities
Brook K. Baker
16. GTPI: Experiences to Overcome IP Barriers to Increase Access to Medicine
Felipe de Carvalho Borges da Fonseca, Marcela Fogaça Vieira, and Pedro Villardi
17. Private Sector: Right to Health Responsibilities of Pharmaceutical Companies
Emmanuel Kolawole Oke
18. Competition: Can Excessive Pricing be Fixed through Abuse of Dominant Position?
19. The Unique World of Pharmaceutical Intellectual Property Rights
Emily Michiko Morris
20. Innovation Policies: Roadblocks to Establishing Sustainable Pharmaceutical Innovation Policies
Doris Estelle Long
21. Not Just Patents and Data Exclusivity: The Role of Trademarks in Integrated IP Strategy – Where Lies the Public Interest?
22. Indigenous Knowledge: Bridging with Modern Medicine
Anthony C. K. Kakooza
23. Digital Divide and Access to Medicine: The Debate
Swaraj Paul Barooah
Part IV: COVID-19 and Access to Medicines
Lessons from COVID-19 for Medicine Access