The pharmaceutical industry and human well being : Argentina and TRIPS

Abstract

This thesis examines the barriers intellectual property law poses for a implementing a just pharmaceutical patent system. Specifically, challenges produced by the WTO’s TRIPS agreement for developing countries, with respect to access to patented pharmaceutical products. The case study of Argentina is presented as an exceptionally successful case in comparison to the majority of other developing countries bound by the TRIPS agreement. Argentina has utilized the flexibilities offered by TRIPS and implemented far-reaching social welfare programs to ensure the good health of their citizens. The purpose of this thesis is to critically analyze the agreement and uncover why other developing counties have not observed success as Argentina has in national health. Proposed solutions to the pharmaceutical patent system are analyzed including: the prize system, funding R&D through public means, controlled or tiered pricing, or have developing countries implement IP right exhaustion.