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Trips Agreement On Pharmaceuticals

United Nations Conference on Trade and Development. Investor-State Dispute Settlement: Review of Developments in 2017. In: IIA Expenditure Note: International Investment Agreements. Geneva: UNCTAD; 2018. Each of the four agreements (TPP, CPTPP, CETA, USMCA) contains IP chapters containing on IP TRIPS Plus provisions that, depending on a country`s pharmaceutical legislation and policy, could delay competition for generic drugs and potentially have a negative impact on access to medicines. Footnote 7 For example, each of these agreements includes patent adaptations and data protection for new pharmaceuticals. Table 2 below summarizes the types of TRIPS plus rules and how they are used to extend exclusivity and delay competition between generic drugs. The additional file 2 contains the item/section numbers for the relevant IP provisions to be found in each agreement. It is important to note that the analytical framework presented here identifies only the provisions and pathways that could have a positive or negative impact. The provisions contained in various agreements and the specific legal language, including the “constructive ambiguities” that leave the interpretation unclear, vary considerably [65]. The actual impact will depend on a large number of factors specific to the trade agreement in question, the context in some countries and how agreements are interpreted by national legislation and dispute resolution. In addition, states can mitigate the effects of the provisions of future trade agreements through careful negotiations (for example, exclusions.

B derogations and transitional implementation periods) or offset the effects with compensation strategies (e.g. B control of drug prices). While the removal of drug tariffs in multilateral trade relations is generally seen as beneficial for access to medicines, the effects of preferential trade agreements are less obvious due to several complexities. Much depends on the structure of the national pharmaceutical market. Over-reliance on imports of drugs and pharmaceutical inputs in some markets can lead to weakness in the event of market instability, as well as the potential for negative effects on the domestic pharmaceutical sector [57]. The final step was to continue the potential impact of the provisions on the main core policy objectives mentioned in the agreements (as noted above) by analyzing possible avenues, on the disciplinary expertise and research experience of authors in the field of trade agreements and pharmaceutical policy, as well as on published research results (available and relevant). The aim was to identify possible pathways and possible effects that should be at the heart of health and human rights assessment and scientific research. There is no doubt that future trade agreements will continue to highlight a wide range of potential intersections with pharmaceutical policy that negotiating countries will face as part of efforts to achieve SDG 3.8. However, the analysis presented here shows that there is no mere progression in deepening the commitments from one trade agreement to another.