Negotiating Health

by Roffe, Pedro; Tansey, Geoff; Vivas-eugui, David

• ISBN13: 9781844072941
• ISBN10: 1844072940
• Format: Hardcover
• Copyright: 2006-03-30
• Publisher: ROUTLEDGE

Summary

* Explores the intrinsic conflict between intellectual property rights and the distribution of essential medicines * Discusses the implications for the health of the world's poorest nations now that the full product patent requirements for medicines have come into force * The world's leading authorities on the subject write from the perspectives of both the 'developed' and the 'developing' world In developing countries, access to affordable medicines for the treatment of diseases such as AIDS and malaria remains a matter of life or death. In Africa, for instance, more than one million children die each year from malaria alone, a figure which could soon be far higher with the extension of patent rules for pharmaceuticals. Previously, access to essential medicines was made possible by the supply of much cheaper generics, manufactured largely by India; from this year, however, the availability of these drugs is threatened as new WTO rules take effect. Halting the spread of malaria and HIV/AIDS is one of the eight Millennium Goals adopted at the UN Millennium Summit, which makes this a timely and topical book. Informed analysis is provided by internationally renowned contributors who look at the post-2005 world and discuss how action may be taken to ensure access to medicines is not sacrificed to corporate attempts to protect business interests.

Table of Contents

List of Figures, Tables and Boxes	v
Preface	vii
List of Contributors	ix
Acknowledgements	xiii
List of Acronyms and Abbreviations	xv
Introduction: Legal Fictions and Public Health	1	(8)
Geoff Tansey
PART 1 THE DYNAMICS OF MEDICINAL PATENT POWER
From Paris to Doha: The WTO Doha Declaration on the TRIPS Agreement and Public Health	9	(18)
Pedro Roffe
Christoph Spennemann
Johanna von Braun
The Cycle of Action and Reaction: Developments and Trends in Intellectual Property and Health	27	(14)
Frederick M. Abbott
Ensuring Access to Medicines in 2005 and Beyond	41	(14)
Karin Timmermans
Role, Perspectives and Challenges of the Generic Pharmaceutical Industry in Latin America	55	(10)
Mirta Levis
Market Concentration of the Transnational Pharmaceutical Industry and the Generic Industries: Trends on Mergers, Acquisitions and Other Transactions	65	(16)
Barbara Rosenberg
PART 2 ACCESS CONTROL: BEYOND PATENTS TO DATA
Protecting Test Data for Pharmaceutical and Agrochemical Products under Free Trade Agreements	81	(16)
Carlos M. Correa
Intellectual Property, Data Exclusivity, Innovation and Market Access	97	(36)
Meir Perez Pugatch
The International Legal Status of Undisclosed Clinical Trial Data: From Private to Public Goods?	133	(18)
Jerome H. Reichman
Data Protection: Options for Implementation	151	(30)
Robert Weissman
PART 3 WAYS FORWARD IN PROMOTING ACCESS
Advancing Public Health by Other Means: Using Competition Policy	181	(24)
Jonathan Berger
Product Development Partnerships on `Neglected Diseases': Intellectual Property and Improving Access to Pharmaceuticals for HIV/AIDS, Tuberculosis and Malaria	205	(22)
Roy Widdus
Creating and Promoting Domestic Drug Manufacturing Capacities: A Solution for Developing Countries?	227	(14)
Joan Rovira
Four Practical Measures to Enhance Access to Medical Technologies	241	(16)
James Love
Expanding Policy Options for Access to Medicines for All	257	(12)
Geoff Tansey
Annex 1: The Doha Declaration on the TRIPS Agreement and Public Health	269	(2)
Annex 2: The 30 August Decision on the Implementation of Paragraph 6 of the Doha Declaration and the General Council's Chairperson's Statement	271	(8)
References	279	(18)
Index	297