Kuanpoth, Jakkrit --- "TRIPS-Plus Policies and the Pharmaceutical Industry in Thailand" [2009] ELECD 585; in Meléndez-Ortiz, Ricardo; Roffe, Pedro (eds), "Intellectual Property and Sustainable Development" (Edward Elgar Publishing, 2009)

Book Title: Intellectual Property and Sustainable Development

Editor(s): Meléndez-Ortiz, Ricardo; Roffe, Pedro

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848446458

Section: Chapter 7

Section Title: TRIPS-Plus Policies and the Pharmaceutical Industry in Thailand

Author(s): Kuanpoth, Jakkrit

Number of pages: 35

Extract:

7. TRIPS-Plus policies and the pharmaceutical
industry in Thailand
Jakkrit Kuanpoth

INTRODUCTION

Bilateral trade and investment agreements are increasingly used strategically by powerful
countries to incorporate `TRIPS-Plus' commitments that have been difficult to achieve in
multilateral settings (notably at the World Trade Organization (WTO)). The developed
countries, which have been dissatisfied with the multilateral forum, have resorted to bilat-
eral agreements as a way of forum shopping to better achieve their own interests in dis-
regard of a more balanced approach to intellectual property right (IPR) protection. The
issue at stake for developing countries is the loss of key `policy space' in strategic areas
such as health, agriculture and the digital environment. The TRIPS-Plus obligations may
also deny developing countries benefits and flexibilities within trade agreements aimed at
enhancing pro-innovation activities and technology transfer.
The justifications in favour of pharmaceutical patenting in developing countries are
that it induces foreign direct investment (FDI), stimulates local inventive activities and
encourages transfer of new technologies into the country. This chapter aims at examin-
ing whether TRIPS-Plus rules on pharmaceutical patents generate benefits to developing
countries by looking at the situation in Thailand. It is appropriate to note at the outset
that this chapter provides policy arguments rather than theoretical sociolegal analysis.
It must also be pointed out that strict empirical considerations are not the yardstick for
analysis. However, basic socio-economic, political and legal considerations provide the
basis for the discussion on costs and benefits of pharmaceutical patents ...