Patent Rights in Pharmaceuticals in Developing Countries

Patent Rights in Pharmaceuticals in Developing Countries

Major Challenges for the Future

Jakkrit Kuanpoth

The book engages with a broad range of new case studies, providing a detailed examination of options for the resolution of access-to-medicine issues at global, national and local levels. In addition, the book reflects the significant progress in international and national patent law and in international policymaking in this area.

Chapter 8: Comparative Analysis

Jakkrit Kuanpoth

Subjects: law - academic, biotechnology and pharmaceutical law, health law, intellectual property law


Attempts have been made in this study to explore the recent trends in the law relating to patent protection and pharmaceuticals with special reference to the situation in India and Thailand. The first chapter started by tracing the historical development of the patent system and showing that the system of patent protection developed in today’s industrialized and post-industrial economies as an instrument to facilitate their industrial and technological development. The territorial limitation of patents led to international co-operation among states for developing conventional patent rules for the protection of inventions worldwide. It was suggested in the first two chapters that the adoption by developing countries of the international norms (as enshrined in the Paris Convention, the TRIPS Agreement, the WIPO treaties, and various bilateral FTAs) in their national patent law might offer them no advantage. Chapter 2 went on to examine the relationship between patents and international trade. It reflects on the divergent national approaches to adopting a legal system of patent protection. The study has examined the recent policy of the developed countries that attempts to increase the level of patent protection in developing countries by using trade retaliation via national trading measures. Efforts were made to outline the background to the dispute between the USA and Thailand on the issue of intellectual property protection. It was argued that the trade policy and the international business practice of the developed countries aimed at maintaining their technological and economic superiority were unjustifiable and unlawful in many respects. In order to...

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