TRIPS and Special & Differential Treatment – Revisiting the Case for Derogations in Applying Patent Protection for Pharmaceuticals in Developing Count

Lopez Gonzalez, Javier; Mendez Parra, Maximiliano; Holmes, Peter; Shingal, Anirudh (May 2011). TRIPS and Special & Differential Treatment – Revisiting the Case for Derogations in Applying Patent Protection for Pharmaceuticals in Developing Count (NCCR Trade Working Paper 2011/37). Bern, Switzerland: NCCR Trade Regulation

[img]
Preview
Text
TRIPS and Special & Differential Treatment.pdf - Published Version
Available under License BORIS Standard License.

Download (679kB) | Preview

In this paper we apply an implicit threshold approach, malleable to the principle of graduation, to identify countries that should benefit from derogations from WTO TRIPS commitments for pharmaceutical patents under the tenets of Special and Differential Treatment. This is based on the identification of four broad constraints loosely classified as; economic constraints; access topharmaceuticals; capacity constraints; and incidence of health outcomes. We identify these by means of analytical criteria and create a composite index that ranks countries according to the observed constraints which delimit the capabilities and desirability of implementing TRIPs disciplines. We discuss the use of negotiated weights and thresholds in determining participation and graduation into general provisions of the agreement. It follows that countries below the chosen threshold should be exempt from these hence receiving Special and Differential Treatment.

Item Type:

Working Paper

Division/Institute:

02 Faculty of Law > Department of Economic Law > World Trade Institute
10 Strategic Research Centers > World Trade Institute

02 Faculty of Law > Department of Economic Law > NCCR International Trade Regulation

UniBE Contributor:

Holmes, Peter and Shingal, Anirudh

Subjects:

300 Social sciences, sociology & anthropology > 330 Economics
300 Social sciences, sociology & anthropology > 340 Law

Series:

NCCR Trade Working Paper

Publisher:

NCCR Trade Regulation

Language:

English

Submitter:

Rebecca Anne Gilgen

Date Deposited:

16 Aug 2016 16:38

Last Modified:

01 Jun 2017 12:20

Related URLs:

BORIS DOI:

10.7892/boris.83807

URI:

https://boris.unibe.ch/id/eprint/83807

Actions (login required)

Edit item Edit item
Provide Feedback