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How Can Lower-Income Countries Access COVID-19 Medicines Without Destroying the Patent System? The National Exhaustion Solution

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Title Statement How Can Lower-Income Countries Access COVID-19 Medicines Without Destroying the Patent System? The National Exhaustion Solution
 
Added Entry - Uncontrolled Name Eldakak, Ahmed
 
Uncontrolled Index Term Access to Medicine; Pharmaceutical Patents; TRIPS Agreement; Exhaustion; Pharma; Parallel Trade; Price Discrimination; Arbitrage; Generic Medicine; Patented Medicine; EU Exhaustion Policy
 
Summary, etc. Many scholars argued that improving access to medicine requires major amendments to the patent system, which is structured according to the Agreement on Trade-Related Aspects of Intellectual Property Rights. This article argues that the argument is not necessarily true. Amending Article 6 of the TRIPS Agreement to adopt a national exhaustion rule for pharmaceutical patents would be sufficient to achieve a considerable improvement in access to medicine while simultaneously strengthening patent protection. This proposal encourages the pharmaceutical industry to adopt a price discrimination policy whereby Pharma would lower medicine prices in the lower-income countries. Accordingly, global access to new medicines such as COVID-19 medicines could be increased as these countries have the majority of poor people. At the same time, Pharma can continue to sell the same medicine in higher-income countries at higher prices, generating sufficient profits to incentivize research and development.
 
Publication, Distribution, Etc. Journal of Intellectual Property Rights (JIPR)
2022-07-26 14:42:40
 
Electronic Location and Access application/pdf
http://op.niscair.res.in/index.php/JIPR/article/view/57951
 
Data Source Entry Journal of Intellectual Property Rights (JIPR); ##issue.vol## 27, ##issue.no## 3 (2022): Journal of Intellectual Property Rights
 
Language Note en