Intellectual Property, Pharmaceuticals and Public Health

Intellectual Property, Pharmaceuticals and Public Health

Access to Drugs in Developing Countries

Edited by Kenneth C. Shadlen, Samira Guennif, Alenka Guzmán and N. Lalitha

This up-to-date book examines pharmaceutical development, access to medicines, and the protection of public health in the context of two fundamental changes that the global political economy has undergone since the 1970s, the globalization of trade and production and the increased harmonization of national regulations on intellectual property rights.

Chapter 12: The TRIPS Agreement and Health Innovation in Bangladesh

Padmashree Gehl Sampath

Subjects: development studies, development economics, law and development, economics and finance, development economics, health policy and economics, political economy, law - academic, intellectual property law, law and development, politics and public policy, political economy, social policy and sociology, health policy and economics


Padmashree Gehl Sampath As more and more countries are beginning to acknowledge the need to build science-based health innovation systems, Bangladesh is in a privileged position due to its established pharmaceutical sector. Local pharmaceutical firms dominate the production landscape with a wide range of generics that include antiulcerants, fluoroquinolones, antirheumatic non-steroid drugs, non-narcotic analgesics, antihistamines, and oral antidiabetic drugs. As a least developed country, Bangladesh is exempted from implementing the pharmaceutical patenting provisions of the TRIPS agreement until 2016, an exemption from which its own local pharmaceutical firms could benefit extensively. The local pharmaceutical sector exports a wide range of pharmaceutical products (therapeutic class and dosage forms) to 67 countries, and firms are in numerous partnerships with Chinese, Indian and other international firms to expand their technological know-how. The prospect of TRIPS compliance by 2016 and the impending opening up of the local market to international competition (presently, only those drugs which are not locally produced can be imported) is transforming not only the local firm-level strategies for pharmaceutical production, but also increasingly the publicly provided healthcare services available in the country. This chapter uses original empirical data collected by the author during a sector-wide survey in 2007, updated in 2010, to analyse the impact of patenting as under the TRIPS agreement on health innovation in Bangladesh. The analysis seeks to provide some answers to an important question in the global access to medicines debate: can Bangladesh’s pharmaceutical sector gradually evolve to provide low-cost substitutes of important patented drugs to...

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