Document Type
Book Section
Publication Date
10-2021
ISBN
978-3-030-83113-4
DOI
10.1007/978-3-030-83114-1_2
Abstract
This Chapter addresses the topic of intellectual property (IP) exhaustion in the context of the parallel trade of pharmaceuticals. These imports, which are controversial in general, are more complex with respect to pharmaceuticals, which require additional marketing and import authorizations. Nevertheless, individual countries remain free to accept these imports under the flexibility of Article 6 of the Agreement on Trade Related Aspects to Intellectual Property Rights (TRIPS Agreement). This Chapter reviews several national approaches—in developed, developing, and least developed countries (LDCs)—from the perspective of the exhaustion of patent rights as well as other IP rights. Through this review, it highlights that several countries today accept parallel trade. A large number of these countries are, however, developed countries, whereas several developing countries and LDCs instead prohibit parallel imports. This finding is perplexing, and the reasons for this restrictive approach are unclear as developing countries and LDCs need flexible policies and can largely benefit from parallel trade. In addition, despite the claim by the pharmaceutical industry that parallel trade would increase the price of medicines in these countries—as originator would increase prices due to the fear of parallel imports—medicines are sold at lower prices mostly because of governments’ pricing or after the expiration of patent protection. Based on this review, this Chapter concludes that national legislations, which are not taking advantage of the flexibility in Article 6 of the TRIPS Agreement, may consider reviewing their policies and allow parallel imports.
First Page
31
Last Page
71
Num Pages
41
Publisher
Springer
Editor
Carlos M. Correa & Reto M. Hilty
Book Title
Access to Medicines and Vaccines: Implementing Flexibilities Under Intellectual Property Law
Recommended Citation
Irene Calboli,
Intellectual Property Exhaustion and Parallel Imports of Pharmaceuticals: A Comparative and Critical Review,
in
Access to Medicines and Vaccines: Implementing Flexibilities Under Intellectual Property Law
31
(Carlos M. Correa & Reto M. Hilty eds., 2021).
Available at:
https://scholarship.law.tamu.edu/facscholar/1540
File Type
Included in
Food and Drug Law Commons, Intellectual Property Law Commons, International Humanitarian Law Commons, International Law Commons, Science and Technology Law Commons