Owais H. Shaikh's Access to Medicine Versus Test Data Exclusivity: PDF

By Owais H. Shaikh

This booklet explores the concept that of try out facts exclusivity security for prescribed drugs. targeting paintings 39(3) of the WTO contract on Trade-Related facets of highbrow estate Rights (TRIPS contract) and suitable provisions in chosen loose alternate agreements (FTA) and nationwide legislation, it combines normative, ancient, comparative and monetary research of try out info exclusivity protection.At the center of this ebook is the unconventional and unique Index of knowledge Exclusivity and entry (IDEAS), which analyzes the effectiveness of attempt info exclusivity provisions in FTAs and nationwide legislation either at the power of exclusivity in addition to on entry to medication. rules presents a framework for the overview of present try out facts exclusivity safety criteria at the foundation in their proximity to Article 39(3) of the journeys contract, the scope of exclusivity and the flexibilities in FTAs, and to that end in nationwide legislation. This ebook goals to develop nationwide and overseas coverage makers’ take hold of of a number of the nuances of try info exclusivity safety. in addition, it offers sensible innovations in regards to designing a suitable felony procedure with a powerful specialise in selling entry to drugs for all.

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L. 367, 370 (1989). 64 Its language is quite 61 There can be multiple reasons for the inclusion of intellectual property provisions in FTAs. The most obvious is the possibility of introducing TRIPS-plus standards in both or either of the parties’ domestic laws. Lynch (2010) at 2–9. North–south FTAs, may be seen as an attempt of the developed country party to export its higher standards of protection in various areas of IP to the domestic laws of the developing party to the FTA. From the perspective of the developing country, the inclusion of IP in FTA negotiations can provide an additional bargaining tool for its own interests, such as preferential market access or promise of increased foreign investment.

1 Categories of pharmaceutical products at FDA according to innovativenessa Priority NMEs Standard NMEsb Priority IMDsc Standard IMDsd Other drugs New molecular entity Yes Clinical improvement over existing therapies Yes Level of innovation Most innovative Yes No To No No Yes No No No Least innovative a Table developed as per the information in the NIHCM (2002) at 4 and 7 According to the NIHCM report ‘[t]he FDA rates many NMEs as standard products. Although based on new compounds, these drugs usually have the same mechanism of action as other drugs that are already on the market and achieve the same outcome.

For example it is questioned whether (1) an incentive is really needed for innovation as many new products are created without any intellectual property protection? (2) if incentives are needed, do they necessarily have to be in the form of exclusive property rights? and (3) even if exclusive property rights may be argued to be the most appropriate incentive mechanism, determining the optimal level of such protection is quite difficult. Bentley and Sherman (2001) at 36 (presenting criticism of the incentive theory in the context of copyright protection).

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