The Journal of World Intellectual Property, Mar 7, 2023
Cambodia is expected to graduate from least developed country (LDC) status in the near future, at... more Cambodia is expected to graduate from least developed country (LDC) status in the near future, at which time it will be required to make patents available for pharmaceutical products and processes to meet its obligations under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Given its impending transition from LDC status, there is a need to balance Cambodia's intellectual property (IP) policies and regulations with public health priorities to ensure access to affordable life‐saving medicines. This will be critical to achieving universal health coverage, one of the United Nations' Sustainable Development Goals. This paper examines Cambodia's IP laws and regulations to identify provisions which could reduce access to affordable generic medicines when it starts to grant patents for pharmaceuticals. It systematically compares Cambodia's IP laws and regulations applicable to patents with those of Thailand and India—two developing countries which have had some successes in preserving access to medicines despite the introduction of pharmaceutical patents. It identifies lessons for Cambodia from the experiences of Thailand and India in implementing TRIPS and using TRIPS flexibilities such as compulsory licensing to ensure access to a sustainable supply of affordable generic medicines. India's experience of implementing TRIPS offers a practical and valuable lesson in applying TRIPS for the greatest public benefit. Thailand, although it has not utilised TRIPS flexibilities as extensively as India, also offers valuable lessons in adapting and interpreting IP law to ensure sustainable access to generic medicines, especially in relation to compulsory licencing. Key recommendations for reform for Cambodia include strengthening the use of preventive and remedial TRIPS flexibilities and removing criminal sanctions for patent infringements. Cambodia should reject any TRIPS‐plus provisions in its patent legislation, avoid membership of bilateral or plurilateral trade agreements that include TRIPS‐plus provisions and avoid signing patent treaties and agreements designed to facilitate the granting of patents.
Cambodia is expected to graduate from least developed country (LDC) status in the near future, at... more Cambodia is expected to graduate from least developed country (LDC) status in the near future, at which time it will be required to make patents available for pharmaceutical products and processes to meet its obligations under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Given its impending transition from LDC status, there is a need to balance Cambodia's intellectual property (IP) policies and regulations with public health priorities to ensure access to affordable life‐saving medicines. This will be critical to achieving universal health coverage, one of the United Nations' Sustainable Development Goals. This paper examines Cambodia's IP laws and regulations to identify provisions which could reduce access to affordable generic medicines when it starts to grant patents for pharmaceuticals. It systematically compares Cambodia's IP laws and regulations applicable to patents with those of Thailand and India—two developing countries w...
Thailand has expressed interest in joining the Comprehensive and Progressive Agreement for Trans-... more Thailand has expressed interest in joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), an 11-country plurilateral trade agreement whose original incarnation included the United States of America (USA). When the USA withdrew from this agreement, key intellectual property clauses relevant to pharmaceuticals were suspended. These could be reinstated should the USA decide to re-join. This study aimed to measure the impact of these suspended clauses by costing Thailand’s 2020 hepatitis C treatment program under four scenarios: 1) existing treatment regime, which does not use the currently recommended treatment regime and does not source the lowest price medicines, 2) treatment regime if Thailand joined the CPTPP and suspended clauses were reinstated, 3) treatment regime if Thailand utilised flexibilities in international law enabling access to the cheapest direct acting antivirals on the global market and 4) lowest-cost generic pan-genotypic regime ...
Background It is widely accepted that intellectual property legal requirements such as patents an... more Background It is widely accepted that intellectual property legal requirements such as patents and data exclusivity can affect access to medicines, but to date there has not been a comprehensive review of the empirical evidence on this topic. The World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires Member States to implement minimum standards of intellectual property protection including patents for pharmaceutical products, but also contains ‘flexibilities’ designed to address barriers to access to medicines. National intellectual property laws can also include TRIPS-plus rules that go beyond what is required by TRIPS. We aimed to systematically review literature that measures the impact of intellectual property rules on access to medicines, whether implemented as a result of TRIPS, TRIPS-plus provisions in other trade agreements, or unilateral policy decisions. Methods We searched Proquest, SCOPUS, Web of Science, PubMed, JS...
In the Trans Pacific Partnership (TPP) Agreement negotiations, the USA successfully pursued intel... more In the Trans Pacific Partnership (TPP) Agreement negotiations, the USA successfully pursued intellectual property (IP) provisions that will affect the affordability of medicines, including anti-retrovirals (ARV) for HIV. Vietnam has the lowest GDP per capita of the 12 TPP countries and in 2013 provided ARVs for only 68% of eligible people living with HIV. Using the current Vietnamese IP regime as our base case, we analysed the potential impact of a regime making full use of legal IP flexibilities, and one based on the IP provisions of the final, agreed TPP text. Results indicate that at current funding levels 82% of Vietnam's eligible people living with HIV would receive ARVs if legal flexibilities were fully utilised, while as few as 30% may have access to ARVs under the TPP Agreement - more than halving the proportion currently treated.
In many countries around the world sex work is criminalised and its regulatory control is therefo... more In many countries around the world sex work is criminalised and its regulatory control is therefore often in the hands of the police. In addition to the impact of this criminalised legal environment, much literature describes the negative impact that certain police practices can have on the ability of sex workers and the programs that work with sex workers to access essential HIV prevention, treatment, care and support services. This situation has resulted in persistent concentrated HIV epidemics among sex workers in many countries of the world. The need for multi-sector partnerships between police and HIV programs is increasingly recognised in various UN declarations and resolutions yet descriptions of the process or key ingredients required to actually establish and sustain these necessary partnerships between police and sex workers [or the programs that provide essential services to sex workers] are sparse. The paper seeks to establish key considerations and critical processes that are required to foster partnerships that if further investigated and scaled up, could result in an enhanced enabling environment for the provision of essential HIV services for sex workers around the globe. This paper is based on a realist review that investigated isolated examples of partnership formation between law enforcement and HIV programs working with sex workers. This methodology research is designed to work with complex social interventions and is based on the emerging 'realist' approach to evaluation. A realist review methodology was chosen given the paucity of relevant literature in this vein and the authors' familiarity with the grey literature and relationships with experts who work in this sphere. The review found that political and police leadership, civil society strengthening and police reform in relation to HIV, are critical factors and key ingredients in changing the enabling environment in which sex work takes place to ensure that HIV prevention, individual and public health as well as HIV prevention and the promotion of human rights are the number one priority. Further research into this relationship is needed to provide evidence for effective HIV programming with police.
Extraction of natural resources such as mining is limited within a particular geographical area. ... more Extraction of natural resources such as mining is limited within a particular geographical area. Often its activities are conducted in or near communities and have direct or indirect impacts on community resources, capabilities and well-being, thus leading to a state of poverty, violent behaviour and resentment by communities towards business, and other forms of human deprivation. By adopting within-text literature analysis, this paper explores actions and consequences of mining multinational corporations (MNCs) in two countries in Mekong region, Thailand and Lao PDR. The focus is given to key corporate social responsibility (CSR) actions by international mining companies in both countries. This paper also examines key principles of CSR programs from mining MNCs, particular their activities on socio-economic and environmental development. Data is collected from two major sources (1) annual and CSR reports from mining MNCs, and (2) key academic journals in international business and ...
Peuan Mit is a Lao organization working to address the needs of children and youth living and wor... more Peuan Mit is a Lao organization working to address the needs of children and youth living and working on the streets. This case study outlines how a trusted and strong relationship with local police provides mutual benefit.
Adherence to antiretroviral therapy (ART) is essential to its effectiveness and avoidance of the ... more Adherence to antiretroviral therapy (ART) is essential to its effectiveness and avoidance of the development of drug-resistant HIV strains. Many studies have been undertaken on factors affecting adherence to ART; however, there is little information about Laos. Hence, this qualitative study examines barriers to and facilitators of adherence specific to this context. In-depth interviews and focus group discussions were undertaken with 43 people living with HIV (PLHIV) currently on ART across 2 hospitals in Laos: Setthathirath hospital in the capital Vientiane and Savannakhet Province hospital. Interviews were based on semistructured question guides and were undertaken in Lao, translated into English and audio-recorded for later analysis. Major barriers to adherence reported by participants included transport costs, distance to the hospital, and stigma and discrimination. Key facilitators discussed were the perceived benefits of medication, social support, and the acceptance of HIV status.
The Journal of World Intellectual Property, Mar 7, 2023
Cambodia is expected to graduate from least developed country (LDC) status in the near future, at... more Cambodia is expected to graduate from least developed country (LDC) status in the near future, at which time it will be required to make patents available for pharmaceutical products and processes to meet its obligations under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Given its impending transition from LDC status, there is a need to balance Cambodia's intellectual property (IP) policies and regulations with public health priorities to ensure access to affordable life‐saving medicines. This will be critical to achieving universal health coverage, one of the United Nations' Sustainable Development Goals. This paper examines Cambodia's IP laws and regulations to identify provisions which could reduce access to affordable generic medicines when it starts to grant patents for pharmaceuticals. It systematically compares Cambodia's IP laws and regulations applicable to patents with those of Thailand and India—two developing countries which have had some successes in preserving access to medicines despite the introduction of pharmaceutical patents. It identifies lessons for Cambodia from the experiences of Thailand and India in implementing TRIPS and using TRIPS flexibilities such as compulsory licensing to ensure access to a sustainable supply of affordable generic medicines. India's experience of implementing TRIPS offers a practical and valuable lesson in applying TRIPS for the greatest public benefit. Thailand, although it has not utilised TRIPS flexibilities as extensively as India, also offers valuable lessons in adapting and interpreting IP law to ensure sustainable access to generic medicines, especially in relation to compulsory licencing. Key recommendations for reform for Cambodia include strengthening the use of preventive and remedial TRIPS flexibilities and removing criminal sanctions for patent infringements. Cambodia should reject any TRIPS‐plus provisions in its patent legislation, avoid membership of bilateral or plurilateral trade agreements that include TRIPS‐plus provisions and avoid signing patent treaties and agreements designed to facilitate the granting of patents.
Cambodia is expected to graduate from least developed country (LDC) status in the near future, at... more Cambodia is expected to graduate from least developed country (LDC) status in the near future, at which time it will be required to make patents available for pharmaceutical products and processes to meet its obligations under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). Given its impending transition from LDC status, there is a need to balance Cambodia's intellectual property (IP) policies and regulations with public health priorities to ensure access to affordable life‐saving medicines. This will be critical to achieving universal health coverage, one of the United Nations' Sustainable Development Goals. This paper examines Cambodia's IP laws and regulations to identify provisions which could reduce access to affordable generic medicines when it starts to grant patents for pharmaceuticals. It systematically compares Cambodia's IP laws and regulations applicable to patents with those of Thailand and India—two developing countries w...
Thailand has expressed interest in joining the Comprehensive and Progressive Agreement for Trans-... more Thailand has expressed interest in joining the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), an 11-country plurilateral trade agreement whose original incarnation included the United States of America (USA). When the USA withdrew from this agreement, key intellectual property clauses relevant to pharmaceuticals were suspended. These could be reinstated should the USA decide to re-join. This study aimed to measure the impact of these suspended clauses by costing Thailand’s 2020 hepatitis C treatment program under four scenarios: 1) existing treatment regime, which does not use the currently recommended treatment regime and does not source the lowest price medicines, 2) treatment regime if Thailand joined the CPTPP and suspended clauses were reinstated, 3) treatment regime if Thailand utilised flexibilities in international law enabling access to the cheapest direct acting antivirals on the global market and 4) lowest-cost generic pan-genotypic regime ...
Background It is widely accepted that intellectual property legal requirements such as patents an... more Background It is widely accepted that intellectual property legal requirements such as patents and data exclusivity can affect access to medicines, but to date there has not been a comprehensive review of the empirical evidence on this topic. The World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) requires Member States to implement minimum standards of intellectual property protection including patents for pharmaceutical products, but also contains ‘flexibilities’ designed to address barriers to access to medicines. National intellectual property laws can also include TRIPS-plus rules that go beyond what is required by TRIPS. We aimed to systematically review literature that measures the impact of intellectual property rules on access to medicines, whether implemented as a result of TRIPS, TRIPS-plus provisions in other trade agreements, or unilateral policy decisions. Methods We searched Proquest, SCOPUS, Web of Science, PubMed, JS...
In the Trans Pacific Partnership (TPP) Agreement negotiations, the USA successfully pursued intel... more In the Trans Pacific Partnership (TPP) Agreement negotiations, the USA successfully pursued intellectual property (IP) provisions that will affect the affordability of medicines, including anti-retrovirals (ARV) for HIV. Vietnam has the lowest GDP per capita of the 12 TPP countries and in 2013 provided ARVs for only 68% of eligible people living with HIV. Using the current Vietnamese IP regime as our base case, we analysed the potential impact of a regime making full use of legal IP flexibilities, and one based on the IP provisions of the final, agreed TPP text. Results indicate that at current funding levels 82% of Vietnam's eligible people living with HIV would receive ARVs if legal flexibilities were fully utilised, while as few as 30% may have access to ARVs under the TPP Agreement - more than halving the proportion currently treated.
In many countries around the world sex work is criminalised and its regulatory control is therefo... more In many countries around the world sex work is criminalised and its regulatory control is therefore often in the hands of the police. In addition to the impact of this criminalised legal environment, much literature describes the negative impact that certain police practices can have on the ability of sex workers and the programs that work with sex workers to access essential HIV prevention, treatment, care and support services. This situation has resulted in persistent concentrated HIV epidemics among sex workers in many countries of the world. The need for multi-sector partnerships between police and HIV programs is increasingly recognised in various UN declarations and resolutions yet descriptions of the process or key ingredients required to actually establish and sustain these necessary partnerships between police and sex workers [or the programs that provide essential services to sex workers] are sparse. The paper seeks to establish key considerations and critical processes that are required to foster partnerships that if further investigated and scaled up, could result in an enhanced enabling environment for the provision of essential HIV services for sex workers around the globe. This paper is based on a realist review that investigated isolated examples of partnership formation between law enforcement and HIV programs working with sex workers. This methodology research is designed to work with complex social interventions and is based on the emerging 'realist' approach to evaluation. A realist review methodology was chosen given the paucity of relevant literature in this vein and the authors' familiarity with the grey literature and relationships with experts who work in this sphere. The review found that political and police leadership, civil society strengthening and police reform in relation to HIV, are critical factors and key ingredients in changing the enabling environment in which sex work takes place to ensure that HIV prevention, individual and public health as well as HIV prevention and the promotion of human rights are the number one priority. Further research into this relationship is needed to provide evidence for effective HIV programming with police.
Extraction of natural resources such as mining is limited within a particular geographical area. ... more Extraction of natural resources such as mining is limited within a particular geographical area. Often its activities are conducted in or near communities and have direct or indirect impacts on community resources, capabilities and well-being, thus leading to a state of poverty, violent behaviour and resentment by communities towards business, and other forms of human deprivation. By adopting within-text literature analysis, this paper explores actions and consequences of mining multinational corporations (MNCs) in two countries in Mekong region, Thailand and Lao PDR. The focus is given to key corporate social responsibility (CSR) actions by international mining companies in both countries. This paper also examines key principles of CSR programs from mining MNCs, particular their activities on socio-economic and environmental development. Data is collected from two major sources (1) annual and CSR reports from mining MNCs, and (2) key academic journals in international business and ...
Peuan Mit is a Lao organization working to address the needs of children and youth living and wor... more Peuan Mit is a Lao organization working to address the needs of children and youth living and working on the streets. This case study outlines how a trusted and strong relationship with local police provides mutual benefit.
Adherence to antiretroviral therapy (ART) is essential to its effectiveness and avoidance of the ... more Adherence to antiretroviral therapy (ART) is essential to its effectiveness and avoidance of the development of drug-resistant HIV strains. Many studies have been undertaken on factors affecting adherence to ART; however, there is little information about Laos. Hence, this qualitative study examines barriers to and facilitators of adherence specific to this context. In-depth interviews and focus group discussions were undertaken with 43 people living with HIV (PLHIV) currently on ART across 2 hospitals in Laos: Setthathirath hospital in the capital Vientiane and Savannakhet Province hospital. Interviews were based on semistructured question guides and were undertaken in Lao, translated into English and audio-recorded for later analysis. Major barriers to adherence reported by participants included transport costs, distance to the hospital, and stigma and discrimination. Key facilitators discussed were the perceived benefits of medication, social support, and the acceptance of HIV status.
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