According to Pires de Carvalho, a local working requirement, is against Article XX(j) of the GATT and the lack of sufficient domestic supply can be satisfied by importation. Nevertheless, Pires de Carvalho ignores the very important facts that transnational pharmaceutical companies may disregard small markets and pharmaceutical products are highly regulated by national health agencies. Sometimes deficient supply would possibly happen in certain areas as drugs are not as free as other goods and services flowing in the global market. A compulsory licensing regime might not contribute so much to build national industries, but actually helps the agencies to negotiate drug prices with transnational pharmaceutical companies. Instead …show more content…
of granting compulsory manifestations to produce more affordable generic drugs, strategically utilizing it as a negotiation instrument would be more plausible, as long as such utilization is cautious about the legality issues under the TRIPS Agreement as discussed previously. By the same token, issuing compulsory manifestations should satisfy the requirements under article 7 or article 8 of the TRIPS, along with the various requirements listed in article 31 for Members to follow (see Table 6). TRIPS permits Members to issue compulsory manifestations under “a national emergency or other circumstances of extreme urgency.” Although in the circumstances of extreme urgency, usually applicable when public health crises occur, including those relating to HIV/AIDS, tuberculosis, malaria and other epidemics, can represent a national emergency, the restricted requirements of “national emergency” and “extreme urgency” made the application only available in exceptional cases.
Paragraph 6 of the Doha Declaration recognized the Member States’ use of compulsory license under the circumstances of insufficient manufacturing capacity in the pharmaceutical sector in that state, finally bringing forward the amendment of article 31bis of TRIPS. Granting compulsory manifestations on the grounds of paragraph 5(c) of the Doha Declaration should be restricted only to AIDS/HIV, tuberculosis, and malaria or not has not been solved. The licenses under article 31bis should be decided “on a case-by-case, license-by-license basis” to comply with the requirements of article 31 of the TRIPS Agreement. Brazil and Thailand have granted compulsory manifestations to adjust to their specific public health needs, notwithstanding Thailand’s use of coronary disease remains controversial. Consequently, the leeway would be narrower than some Members could have expected to make use of compulsory manifestations. To employ TRIPS flexibilities under article 8, on the contrary, the scope of
article 8 for national laws to determine grounds to issue compulsory license would be relatively broader. The key legality issue is how to define “anti-competitive” practices and “abuses” in the national law, because competition laws are not harmonized by TRIPS or any other international agreements. Practices, such as refusal to deal, have sparked controversial debates. Significantly, Professor Correa suggests it is possible to adopt measures on several grounds: (1) public interest, including public health and nutrition; (2) environmental protection; (3) lack or insufficiency of working. Professor Gervais concludes from the guidance of WTO disputes, specifying an exception should: (1) be limited and well circumscribed; (2) not to significantly prevent a form of commercial exploitation; (3) have solid public interest justification; (4) be proportional with such objects.
The pharmaceutical and biotech industries must be free to develop and research life saving medicines and other advancements that will benefit society. If this cannot be done, progress would never be made. People would still be contracting polio a...
In some instances, the pharmaceutical industry in the United States misleads both the public and medical professionals by participating in acts of both deceptive marketing practices and bribery, and therefore does not act within the best interests of the consumers. In America today, many people are in need of medical help. In fact,the Federal Trade Commission estimates that 75% of the population complain of physical problems (Federal Trade Commission 9). They complain, for example, of fatigue, colds, headaches, and countless other "ailments." When these symptoms strike, 65% purchase over-the-counter, or OTC, drugs.
Why do consumers purchase specific drugs for various ailments, sicknesses or diseases they might have? Why do physicians prescribe certain drugs over competitive drugs that may be available to the public? Why is it that most of us can easily name specific drugs that fit the many ailments of today’s society? On the surface the answer might be as simple as good TV advertising or radio commercials or even internet adds. The truth of matter is the major pharmaceutical manufacturers own the patents on these drugs and this gives them all of the marketing budget and muscle they need to promote the drug and control the pricing. The incentives for larger pharmaceutical companies are very enticing and as a result, they don’t mind spending the time in clinical trials and patent courts to get their drugs approved. Some will even get patents on the process by which the drug is manufactured, ensuring that no competitor can steal the drug or the process. This protects their large financial investment and nearly guarantees a large return for their investors. Many consumer rights groups claim this is nothing more than legalizing monopolies for the biggest manufacturers.
The globalization of trade is predominantly relevant for health services that have become a commodity that can be traded in distinct ways. Primarily, health services can be provided across countries. Examples of this include a range of telemedicine tools like tele-diagnostics and tele-radiology as well as medical consultation through traditional and electronic methods. Secondly, patients can travel overseas/abroad to obtain health care or use certain facilities available elsewhere (Pang, 2004).
Government factors into the equation of the argument. Critics of the drug industry say that there is not enough regulation, while supporters of the pharmaceutical companies argue that there is too much regulation and that that is one...
The Overpill Documentary portrayed very good points on how prescription medications can be negative and examples on how the pharmaceutical industry is pushing prescription medications to the public. The documentary was very eye opening about this epidemic, and filmed real life experiences of people and their families suffering from these medications. They interviewed people of presumed credibility that also gave reason to believe that there was false information being marketed. Although while watching the film I could agree and sympathize with these individuals, I felt that it was lacking in some areas.
Although monopolies appear damaging at times, there are arguments that they are an advantage to society. Monopolies in the pharmaceutical industry drive companies to pursue research and development (R&D) efforts to gain new patents. According to a 1992 study, among the 24 US. Industry groups, pharmaceuticals dedicated 16.6% of their amounts to basic research, while all other industries averaged at 5.3% (Sherer 1307). This fact validates the incentive pharmaceutical companies have to get a patent and acquire more power. Pfizer encourages R&D because of the incentives and a want to obtain patents to receive more profit. Pfizer has to promote itself to be successful, creating a good brand image that consumers will trust. If the company can advertise successfully, more consumers will purc...
"Reducing Demand for Drugs." UN General Assembly Special Session on the World Drug Problem. May 1998. Web. 02 Mar. 2011. .
In addition to this, pharmaceutical companies can also regulate the price of the drug as they will be the only company selling that drug. However, these aspects of patents can adversely affect the generics industry. The generics industry cannot make or sell drugs that are patented but once a patent licence expires, both the generics industry and the WHO see increased benefits as drugs become more widely available around the world (i.e. developing countries) at a lower price. Here we will discuss the pros and cons of patents from the point of view of the pharmaceutical industry, the generics industry and the WHO. As we said above, patents grant exclusive rights to an invention or a process of making and invention.
For commodity generic drugs, Teva has an opportunity to expand its core business into emerging markets, but there it will have to face institutional voids because such markets are driven by physicians and both physician and other people are not aware about the effectiveness of generic drugs. To cope with the challenge of institutional voids Teva have to look for some competent small pharmaceutical firms for acquisition and some big firms for the joint venture. For changing the perceptions of people and physicians, Teva will require to run marketing campaigns and direct approaches to physicians to develop a market for their products.
Missoni, E. (2013). Understanding the impact of global trade liberalization on health systems pursuing universal health coverage. Value in Health, 16, S14-S18
need to be marketed. In addition, there will be a variety of legalized drugs. Not only will
Uruguay Round of trade negotiations was one of the most fundamental changes in global trade policy set out where it has made all the World Trade Organization (WTO) Members to comply with the requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). TRIPS lay down minimum standards of protection of intellectual property rights (IPR) which are mandatory for WTO member countries for implementation. The TRIPS Agreement was signed in Marrakesh, Morocco, on 15 April 1994, on the outset of Paris Convention through Article 2 of TRIPS. TRIPS agreement has framed its objectives and principles in Articles 7 and 8 which ought to be followed by the member countries. The objectives of TRIPS are enshrined as dissemination of technology transfer and promotion of technological innovation to the mutual advantage of producers and users of technological knowledge and in a manner that it contributes to socio- economic welfare, and to have balance between rights and obligations. The principles of TRIPS highlight that the members countries to formulating or amending their laws and regulations, adopt measures necessary to protect nutrition and public health, and to boost the public interest in sectors of vital importance to their technological development and socio-economic, in a manner coherent with the provisions of TRIPS Agreement. However, it allows little flexibility within its provisions for member countries to take effective steps to meet the healthcare needs, especially to Least Developed Countries (LDCs) and developing countries. And since India is a member of World Trade Organization (WTO), it has to comply with all rules of the TRIPS Agreement. It was on April 15, 1994 that 117 nations ...
The French government is clearly constitute a quantitative restriction on imports of Article 575 H set to accept restrictions, despite the measures so far at the same time justify the claim that objective such as the protection of human health and life, as foreseen in Article 36 TFEU, as well as the protection of human health and life, to make a difference in the treatment of arbitrary or stated did not constitute a disproportionate measure.
The Indian Pharmaceutical Industry is in the front rank of India’s science based industries. It is a highly organized sector. The Industry is estimated to be of worth $ 4.5 billion, with growth of about 8 to 9% annually. It ranks very high in terms of technology, quality and range of manufactured medicines. From simple headache pills to heavy antibiotics and complex cardiac compounds, almost each and every type of medicine is now made indigenously. It meets around 70% of the country's demand for bulk drugs, drug intermediates, tablets, chemicals, capsules, pharmaceutical formulations orals and injectable. There are 250 large units and 8000 Small Scale Units, which forms the core of the Indian pharmaceutical industry (including 5 Central Public Sector Units).