Impact on access to medicines from TRIPS-Plus: a case study of Thai-US FTA.
This study assessed the impact of the Thai-US Free Trade Agreement (FTA) on access to medicines in Thailand. We first interpreted the text of the sixth round of Thai-US negotiations in 2006 on intellectual property rights (IPR). The impact was estimated using a macroeconomic model of the impact of changes in IPR. The estimated impact is based on a comparison between the current IPR situation and the proposed changes to IPR. The FTA text involves the period of patent extension from the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS Agreement). The provisions involve the period of patent extension, which have to do with compensation for delays in patent registration and/or drug registration, data exclusivity that would result in a delay in generic drug entry, and the enforcing role of the Thai Food and Drug Administration of patent linkages. As a worst case scenario for this single provision, a 10 year patent extension would be given to compensate for delays in patent registration and/or drug registration. The impact on access to medicine, in the year 2027, would be: 1) A 32% increase in the medicine price index, 2) spending on medicines would increase to approximately USD 11,191 million, (USD1 = THB 33.9 on September 2, 2009), and 3) the domestic industry could loss USD 3.3 million. These results suggest there would be a severe restriction on the access to medicines under the TRIPS-Plus proposal. IPR protection of pharmaceuticals per the TRIPS-Plus proposal should be excluded from FTA negotiations.
Kessomboon
Nusaraporn
N
Faculty of Pharmaceutical Sciences, Khon Kaen University, Khon Kean 40002, Thailand. nustat@kku.ac.th
Limpananont
Jiraporn
J
Kulsomboon
Vidhaya
V
Maleewong
Usawadee
U
Eksaengsri
Achara
A
Paothong
Prinya
P
D004345:Drug Industry / Q000331:legislation & jurisprudence*; D006297:Health Services Accessibility; D006801:Humans; D007391:International Cooperation; D019982:Organizational Case Studies; D010330:Patents as Topic / Q000331:legislation & jurisprudence*; D004364:Pharmaceutical Preparations / Q000191:economics / Q000600:supply & distribution*; D013785:Thailand; D014481:United States
D004364:Pharmaceutical Preparations