Affiliation:
1. National Law School of India University, Bengaluru, India
2. Symbiosis Law School, Symbiosis International University (Deemed), Pune, India
Abstract
The primary goal of granting intellectual property rights was to encourage innovation, particularly in the healthcare industry. The Paris Convention provided for worldwide protection for ideas, and the global harmonization of intellectual property protection (TRIPs) broadened the scope of protection. The pharmaceutical sector, including Pfizer, played a key role in TRIPS lobbying. However, corporations were dissatisfied with TRIPS flexibilities used by developing nations. To combat this, they turned the forum towards bilateral and regional trade agreements, providing additional economic incentives. The United States is at the forefront of these efforts, which include clauses that restrict affordable access and generic entry. This research investigates the history, mechanisms, and techniques of forum shifting and outlines key areas of Free Trade Agreements that directly impact access to medicine.
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