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KMID : 1170320150210030001
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Korean Journal of Health Economics and Policy
2015 Volume.21 No. 3 p.1 ~ p.31
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Trans-Pacific Partnership Agreements and Access to Medicine
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Son Kyung-Bok
Lee Tae-Jin
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Abstract
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The purpose of this study is to analyze the potential effects of Trans-Pacific Partnership(TPP) Agreement on access to medicine compared with TRIPs, AUSFTA, and KORUSFTA. Based on the TPP agreement, which was available on the Wikileaks, we analyzed the clauses which are expected to affect access to medicine. We separated the clauses into general intellectual property(IP) system and pharmaceutical system which can be further classified into approval, reimbursement, and supply process. Also we analyzed articles and government reports on the prediction of TPP effect on access to medicine. TPP will have effects on access to medicine through overall IP system and pharmaceutical system. In IP system, the scope, objectives, and term of IP have changed compared with TRIPs. In pharmaceutical system, patent linkage, data exclusivity during approval process, reimbursement methods and procedure during reimbursement process will be detrimental to access to medicine. As a result, TPP is expected to strengthen IP protection and limit TRIPs flexibilities such as compulsory licenses and exceptions of patent to protect public health.
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KEYWORD
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Trans-Pacific Partnership Agreements, access to medicine, intellectual property, patent, patent linkage
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