Intellectual Property and Public Health in the Developing World

This study explored how to design national patent laws and undertake the required institutional and infrastructural reforms that are optimal in terms of enabling developing countries and Least Developed Countries to promote innovation in their domestic pharmaceutical sectors and ensure access to medicines. Individual countries were free to determine their own patent laws prior to the establishment of the World Trade Organization. However, the Agreement on Trade-related Aspects of Intellectual Property Rights (the TRIPS Agreement), which is binding on all WTO members, aims at establishing strong minimum standards for intellectual property rights. Such minimum standards include the implementation of patent protection for pharmaceuticals. Bangladesh is a member of the WTO and, as an LDC, has been granted transitional periods until 1 July 2021 to protect IPRs under the TRIPS Agreement. Further, being an LDC, Bangladesh can also exploit the waiver for pharmaceutical patents until 1 January 2033. This study analyses experiences of implementing TRIPS-compliant patent laws in Brazil, China, India and South Africa, and explores potential policy options for the LDCs with a case study on the pharmaceutical sector in Bangladesh.