28 research outputs found

    Combatting counterfeit drugs: Case studies of Cambodia, Vietnam and Thailand

    Get PDF
    Medicines can save lives only if they are safe, efficacious, of good quality and affordable. The use of unsafe, substandard, ineffective and counterfeit drugs can be harmful to the health of the users and the public. Governments have an obligation to ensure the safety, efficacy and quality of the drugs available to the public by regulating the manufacturing and distribution of drugs and by exercising legal power to control the proliferation of unsafe counterfeit medicines. This article surveys the factual and legal issues surrounding counterfeit drugs in three countries, namely Cambodia, Vietnam and Thailand, in order to determine the magnitude and characteristics of the drug counterfeiting problem within the Southeast Asian region

    Legal protection of traditional knowledge A Thai perspective

    No full text
    The protection and promotion of traditional knowledge (TK) may rely on a set of legal instruments or non-legal mechanisms. Legal issues that may arise include ownership, objectives of protection, accessibility, protection under IP law, TK databases, and contractual arrangements. This article begins by exploring how the current legal system can protect customary knowledge and how an effective legal ré-gime for this purpose may be instituted and operated. It ends by discussing Thailand's attempts to protect its TK. In the process it highlights salient points under the two sui generis laws that have been adopted in the country

    TRIPS-Plus intellectual property rules: impact on Thailand\u27s public health

    Get PDF
    Thailandhas proved that a well-fund, politically-supported public policy could be effective in preventing the spread of HIV/AIDS on a national scale. It is currently facing increased pressure to accept higher standards of intellectual property (IP) protection (the so-called TRIPS-Plus) under bilateral free trade agreements (FTA) proposed by theUnited States. The proposed US FTA threatens to restrict the measures the country can take to pursue affordable drugs, and will affect ability ofThailandto continue its successful ARV treatment and other healthcare programmes. The paper argues that the TRIPS-Plus regime generates a negative impact on poor people’s access to medicines, and the ARV treatment programme inThailandis presented as an illustrative example

    Intellectual Property Harmonisation under the Trans-Pacific Partnership Agreement: Issues and Challenges

    No full text
    The Trans-Pacific Partnership Agreement (TPP) was negotiated by 12 Pacific-rim countries, namely: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam. Intellectual property (IP) is one of the most important issues in the TPP negotiations. The Agreement will introduce higher standards of IP protection than required in the World Trade Organization (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) TRIPS (so called TRIPS-Plus provisions). The IP chapter under the TPP would undermine countries\u27 substantive ability to deal with public health problems. First, the proposed rules would have negative implications for access to medicines by limiting flexibilities that the countries currently have under the WTO/TRIPS Agreement, e.g. restricting the right of governments to allow the production, marketing, and import of generic medicines. In addition, the treaty has introduced language that will undermine the ability of the participating countries to make use of compulsory licensing as a means to obtain differentially priced generic products and to restrict the measures it can take to pursue affordable drugs. In making decisions with respect to whether or not a country should join the TPP, its policymakers will have to weigh, based on empirical evidence, the economic benefits of such a treaty against the importance of protecting health and social interests of their population

    Appropriate patent rules in developing countries - Some deliberations based on Thai legislation

    Get PDF
    TRIPS Agreement mandates adequate and effective protection for all inventions regardless of the field of technology. The fundamental questions are whether the extent of protection of pharmaceuticals will be beneficial for the socio-economic development of developing countries and how can the impact of the new system be monitored and controlled in the interests of the concerned countries and their populations. Under the Thai Patent Law, Section 46.50 provides for the grant of compulsory licenses, which in practical terms are difficult to implement so much so that no such licenses have been granted since 1979 when the Act came into force. Lack of know-how to work the patent in Thailand has also been a serious deterrent. Provision of a requirement for working of patented inventions is also part of the Thai Act. Section 36(2) of the Thai Patent Law authorizes parallel imports into Thailand if the products are marketed abroad by the patentee or his licensee. Section 9 (4) of the Act adopts the principle that methods of treatment are not patentable. Section 31 permits opposition to be filed after the application is published by the Patent Office. The implication of TRIPS and the Thai Patent Act on the pharmaceutical sector and on the patients in Thailand are discussed in this paper

    Patent rights in pharmaceuticals in developing countries: major challenges for the future

    No full text
    India\u27s 2005 adoption of a TRIPS-consistent patent regime will reveal whether Indian generic pharmaceuticals companies will continue to supply essential drugs for developing nations such as Thailand, who are reliant on India for the supply of cheap medicines. Patent Rights in Pharmaceuticals in Developing Countries investigates the public policy and public health implications of pharmaceutical patenting in countries such as India and Thailand.The book engages with a broad range of new case studies, providing a detailed examination of options for the resolution of access-to-medicine issues at global, national and local levels. In addition, the book reflects the significant progress in international and national patent law and in international policymaking in this area.Broadly accessible, the work will appeal to advanced undergraduate and postgraduate students, as well as researchers and academics in fields such as intellectual property law, public health, industrial economics, development studies and political science. National policymakers and government officials, as well as professionals based in international organizations and pharmaceutical industries, will also find this exciting work of great interest

    Appropriate Patent Rules in Developing Countries - Some Deliberations Based on Thai Legislation

    No full text
    447-455TRIPS Agreement mandates adequate and effective protection for all inventions regardless of the field of technology. The fundamental questions are whether the extent of protection of pharmaceuticals will be beneficial for the socio-economic development of developing countries and how can the impact of the new system be monitored and controlled in the interests of the concerned countries and their populations. Under the Thai Patent Law, Section 46.50 provides for the grant of compulsory licenses, which in practical terms are difficult to implement so much so that no such licenses have been granted since 1979 when the Act came into force. Lack of know-how to work the patent in Thailand has also been a serious deterrent. Provision of a requirement for working of patented inventions is also part of the Thai Act. Section 36(2) of the Thai Patent Law authorizes parallel imports into Thailand if the products are marketed abroad by the patentee or his licensee. Section 9 (4) of the Act adopts the principle that methods of treatment are not patentable. Section 31 permits opposition to be filed after the application is published by the Patent Office. The implication of TRIPS and the Thai Patent Act on the pharmaceutical sector and on the patients in Thailand are discussed in this paper

    Patents and access to medicines in Thailand: The ddI case and beyond

    No full text

    TRIPS-Plus Rules under Free Trade Agreements: An Asian Perspective

    No full text
    corecore