Over the past few years, a number of developing
countries have concluded free trade agreements (FTAs), many
of which include intellectual property rights (IPRs) obligations
that go beyond the standards found in the WTO's Agreement on
Trade Related Aspects of Intellectual Property Rights (TRIPS).
These so-called TRIPS-plus provisions have been criticized on
several grounds, including the potential impact of extended
IP provision in the field of public health. Developing country
FTA signatories usually have defensive negotiating interests
on intellectual property. Nevertheless, there is a willingness
to agree to stronger intellectual property rules as a quid pro
quo for concessions in other areas-most notably, preferential
access to developed countries' markets for agricultural and
manufactured products. Whether or not this bargain holds is
an empirical question.
A small number of studies have so far attempted
to empirically assess the effects of TRIPS-plus standards for
pharmaceutical products in developing countries. (e.g., assessments
undertaken in Peru, Colombia, Ecuador and Thailand). While they
have provided some input on how to measure the impact of TRIPS
plus provisions, their methodologies are diverse and the respective
experiences remain within the institutions that engaged in the
original exercises. As more developing countries are in the
process of negotiating agreements with TRIPS-plus provisions,
it would appear that the development of an appropriate and sound
methodology would offer much-needed inputs to the decision-making
process linked to the negotiation and implementation of obligations
under FTAs. It is also envisaged that civil society organizations
and other public interest groups may find an impact assessment
methodology of use in their work.
The expert meeting aims at developing a methodology
to assess national TRIPS-plus standards, as they affect pharmaceutical
products. The main objective is to develop a common methodology
framework that could offer guidance to governments (e.g., trade
and health ministries), research institutes as well as civil
society organizations, in empirically evaluating the effects
of FTA-induced changes in IPRs laws. Once the methodology is
developed, the methodology will be tested it in a selected number
of countries in close collaboration with local researchers,
governments and relevant stakeholders. Based on the findings
of this first set of country studies, the methodology will be
further refined. The outcomes of the whole process will then
be synthesized in a final report and disseminated widely.
This initial meeting will be crucial in this
process. It will be a small expert meeting in which the different
country experts will present the methodology used in their attempt
to measure the TRIPS-plus obligations in recent FTAs. In addition,
the meeting will bring together experienced economists, lawyers
and pharmaceutical experts to carefully evaluate the feasibility
and credibility of different methodological approaches.