Essential Medicines News

This article discusses the “flexibilities” of the Agreement on Trade-Related Aspects of Intellectual Property Rights: in particular, their effect on access to medicine for the world’s poor. The Novartis suit against India’s patent law (namely, its restriction of patenting trivial improvements) is mentioned as a recent example of a controversy under the regime. The author argues that patent law under TRIPS is the biggest factor in access to essential medicines for developing and least-developed countries.

Leevy lists three main flexibilities of TRIPS: exceptions to the patent right (situations where governments can refuse to grant a patent), compulsory licensing, and parallel importation (the gray market). The author also discusses the Doha round of negotiations at the World Trade Organization, beginning in 2001, and its effect on TRIPS. Leevy is a health law fellow at Loyola University Chicago.

Swift action is necessary to prevent further crisis in developing countries and LDCs. One solution that has been advanced is the creation of regional pharmaceutical supply centers that can better access affordable medicines by virtue of economies of scale and cooperation. As discussed above, however, the major obstacle to procuring affordable medicines continues to be the TRIPS regime. In the absence of further amendment, developing countries and LDCs should utilize the existing TRIPS flexibilities as far as is possible.