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Guennif, Samira --- "Access to Essential Drugs in Thailand: Intellectual Property Rights and Other Institutional Matters Affecting Public Health in a Developing Country" [2011] ELECD 963; in Shadlen, C. Kenneth; Guennif, Samira; Guzmán , Alenka; Lalitha, N. (eds), "Intellectual Property, Pharmaceuticals and Public Health" (Edward Elgar Publishing, 2011)

Book Title: Intellectual Property, Pharmaceuticals and Public Health

Editor(s): Shadlen, C. Kenneth; Guennif, Samira; Guzmán , Alenka; Lalitha, N.

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800143

Section: Chapter 11

Section Title: Access to Essential Drugs in Thailand: Intellectual Property Rights and Other Institutional Matters Affecting Public Health in a Developing Country

Author(s): Guennif, Samira

Number of pages: 24

Extract:

11. Access to essential drugs in
Thailand: intellectual property
rights and other institutional
matters affecting public health in a
developing country
Samira Guennif

Since the ratification of the Trade Related Aspects of Intellectual
Property Rights agreement (TRIPS) in 1994 by country members of
the new World Trade Organization (WTO), the effects of this agree-
ment in developing countries have been relentlessly questioned. Doubts
are persistent in response to incessant incantations from the North
holding that the strengthening of intellectual property rights (IPR) in
developing countries will foster greater access to the latest technologi-
cal and therapeutic innovations, finally inducing an improvement in the
social welfare of the population in these countries. Studies have been
carried out by international organizations, nongovernmental organiz-
ations and other bodies to establish the effects of TRIPS in the South.
These studies have investigated the chances of technology transfers and
foreign direct investments (FDI) toward developing countries (Saggi,
2000; Lall, 2003; Gallagher, 2005; Maskus and Reichman, 2005) as
well as the risks for drugs accessibility (Nogues, 1990; Desterbecq and
Remiche, 1996; Boulet and Velasquez, 1999; Correa, 2000). In one
case or another, IPR have invariably been scrutinized, celebrated or
questioned.
Highlighting the role of patents as an element influencing the access
of Southern countries to the latest technical and therapeutic innovations
may lead to the neglect of an essential fact. The pharmaceutical industry
is unique insofar as its primary mission is to provide an essential good,
i.e. drugs which can help improve the health conditions ...