Which Way Ahead?

Abstract

The primary aim of this chapter is to consider alternatives to improve access to medicines in poor countries. This chapter seeks to add to the current debate on TRIPS and its appropriateness for the pharmaceutical industry. On the one hand, leading economists suggest significant changes to the TRIPS agreement labelled as too stringent and denying access to medicines in developing countries. Equally, there are calls from the big pharma¹ not to dismantle or weaken the TRIPS patent regime in any way. Because doing so would be counter-productive, argues the industry. Considering the dichotomy of the views, the level of controversy TRIPS has raised is not surprising. The wide coverage in the literature is a testimony to the significance of the controversy. Of all the intellectual property within TRIPS, the issue of pharmaceutical product patents has been the most controversial one (Alsegârd 2004). However, the TRIPS agreement is a set of rules on which all WTO members agreed. It may not suit the circumstances and interests of every member state; nevertheless, it is an agreed set of rules.