Implementing Competition Policy to Enhance Public Health in Developing Countries
Journal Title: Journal of International Law and Diplomacy Society - Year 2022, Vol 1, Issue 1
Abstract
Patents must be made available in all fields of technology. However, this makes the supply of affordable medicines to the public a challenging duty for developing countries in the post-Agreement On Trade-Related Aspects of Intellectual Property Rights (TRIPS) era. This is because patent owners—the majority of them are pharmaceutical companies—may freely determine the price of medicines thanks to patents on these medicines to compensate for their investment. However, these patent owners have the potential to violate competition rules. Competition law is one of the TRIPS flexibilities, yet developing countries have not effectively exercised it. One of the important reasons is that developing countries have generally established legal regimes regulating competition only in the very recent past. This Article proposes that developing countries must build their own competition policies to address access to medicines. To do this, this Article argues that the international community should provide technical assistance to developing countries via programmes devised by the World Trade Organization (WTO) Council.
Authors and Affiliations
Atilla KASAP
Keywords
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- EP ID EP711785
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Implementing Competition Policy to Enhance Public Health in Developing Countries
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