A proposal for measuring the degree of public health-sensitivity of patent legislation in the context of the WTO TRIPS Agreement.
OBJECTIVE
This study aims to propose a framework for measuring the degree of public health-sensitivity of patent legislation reformed after the World Trade Organization's TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement entered into force.


METHODS
The methodology for establishing and testing the proposed framework involved three main steps:(1) a literature review on TRIPS flexibilities related to the protection of public health and provisions considered "TRIPS-plus"; (2) content validation through consensus techniques (an adaptation of Delphi method); and (3) an analysis of patent legislation from nineteen Latin American and Caribbean countries.


RESULTS
The results show that the framework detected relevant differences in countries' patent legislation, allowing for country comparisons.


CONCLUSIONS
The framework's potential usefulness in monitoring patent legislation changes arises from its clear parameters for measuring patent legislation's degree of health sensitivity. Nevertheless, it can be improved by including indicators related to government and organized society initiatives that minimize free-trade agreements' negative effects on access to medicines.
Chaves
Gabriela Costa
GC
Center for Pharmaceutical Policies, National School of Public Health Sergio Arouca, Oswaldo Cruz Foundation, Manguinhos, Rio de Janeiro, Brazil.
Oliveira
Maria Auxiliadora
MA
D017691:Caribbean Region; D004345:Drug Industry / Q000331:legislation & jurisprudence*; D006291:Health Policy; D006801:Humans; D007391:International Cooperation; D007843:Latin America; D010330:Patents as Topic / Q000331:legislation & jurisprudence*; D011634:Public Health; D014944:World Health Organization