Journal of Intellectual Property Rights

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This paper discusses the possible public health implications of TRIPS+ commitments found in the newly born Transpacific Trade Partnership (the “TPP”), with a particular focus on developing countries. It argues that the departure from the normal TRIPS standards with respect to the question of ‘what constitutes a patent’ is harmful in the long run, not just because it creates an unnecessary burden on the ability of developing countries to produce generic versions of life saving drugs, but because it forces the developmental ‘south’ to adopt health standards which it cannot in practice uphold, and which, they may not necessarily even want.

Keywords

TPP, TRIPS, Doha Development Round, WTO, UPOV Convention.
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