Challenges and opportunities for developing countries in reforming the intellectual property regime within the WTO : application to pharmaceuticals in Thailand | |
| Author | Emond, Marie-Hèléne |
| Call Number | AIT Thesis no.SM-01-5 |
| Subject(s) | Intellectual property--Developing countries Pharmaceutical industry--Thailand |
| Note | A thesis submitted in partial fulfillment of the requirements for the degree of Master in Business Administration, School of Management |
| Publisher | Asian Institute of Technology |
| Abstract | The outcome of our thesis consists in two frameworks, i.e. a "synergies framework" and a "compulsory licensing framework". First, three public policy tools, namely petty patents and compulsory licensing when authorizing parallel trade have been proved as possible opportunities for developing countries facing the strengthening of their intellectual property regime further to the TRIPS Agreement. The synergies framework identifies possible synergies between those three tools implemented in the Thai Patent Act as to counterbalance abusive market monopolies situation by improving access to products on the domestic market at reasonable price, when facilitating the technology transfer process. The compulsory licensing framework addresses more specifically compulsory licensing. It has been designed based on the case study of antiretroviral pharmaceuticals in Thailand. The first task was to define an abusive market monopoly situation implying excessive selling prices. Does the price of a pharmaceutical depend on: the Thai (or any developing country) market taking into account its solvability and its urgent need for the medicine, OR the risk and cost of R&D efforts exerted by pharmaceutical companies benefiting from the patent protection? The issue appeared as complex as we identified factors than the price relating to the national situation such as the health infrastructure. The lack of transparency from the pharmaceutical companies did not help in assessing the effective R&D cost and risk and the relating necessary price level as to reward companies for their efforts. The objective was to assess which level of effective compulsory licensing implementation would have challenged the positive dynamic of patent protection. Besides any philosophical or human rights perspectives generating the current hot debate about access to medicines, our second framework highlights economical, cultural, political and technical factors, which influence the compulsory licensing effort at the national and international levels. Our scheme is based on the ddl case review but also on our attempt to generalize the compulsory licensing process to other pharmaceuticals and possibly other industrial sectors in the developing world. We have finally recommended how to orientate the various key factors as to positively influence the compulsory licensing process. The ultimate objective of compulsory licensing in a developing country does not reside only in the access to reasonable p1ices but also in the underlying but essential transfer of technology. |
| Year | 2001 |
| Type | Thesis |
| School | School of Management (SOM) |
| Department | Other Field of Studies (No Department) |
| Academic Program/FoS | Master of Business Administration (MBA) (Publication code=SM) |
| Chairperson(s) | Igel, Barbara |
| Examination Committee(s) | Broustail, Joel Fran9ois ;Vidon, Patiice ;Basant, Rakesh |
| Scholarship Donor(s) | European Commission of the European Union (PTS Program) |
| Degree | Thesis (M.B.A.) - Asian Institute of Technology, 2001 |