Intellectual Property Rights and the TRIPS Agreement : An Overview of Ethical Problems and Some Proposed Solutions

The Agreement on Trade-Related Aspects of Intellectual Property Rights negotiated in 1986 under the auspices of the General Agreement on Tariffs and Trade, the institutional predecessor of the World Trade Organization, incorporated substantial and...

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Main Author: Sonderholm, Jorn
Format: Policy Research Working Paper
Language:English
Published: 2012
Subjects:
CDS
IP
R&D
WEB
WTO
Online Access:http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20100302132412
http://hdl.handle.net/10986/3714
id okr-10986-3714
recordtype oai_dc
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language English
topic BACK UP
BIOMEDICAL RESEARCH
BUYER
BUYERS
BUYING POWER
CANCER
CARDIOVASCULAR DISEASES
CDS
CITIZENS
CONSUMERS
CREDIBILITY
DEVELOPING COUNTRIES
DEVELOPING COUNTRY
DEVELOPMENT EFFORTS
DEVELOPMENT POLICY
DIFFERENTIAL PRICING
DIRECT INVESTMENT
DISABILITY
DISEASES
DOMAIN
DRINKING WATER
DRUGS
ECONOMIC INEFFICIENCY
ECONOMIC JUSTIFICATION
ECONOMIC POLICIES
ECONOMIC RESOURCES
ECONOMIC THEORY
ELECTRICITY
EMERGENCIES
EPIDEMIC
ESSENTIAL DRUGS
ESSENTIAL MEDICINES
EXCLUSIVE RIGHTS
FAIR
FINANCIAL RESOURCES
FOREIGN INVESTMENT
FOREIGN INVESTMENTS
FREE TRADE
FUTURE RESEARCH
GEOGRAPHIC REGIONS
GLOBAL DEVELOPMENT
GLOBAL HEALTH
GLOBAL MARKET
GOVERNMENT FUNDING
GREENHOUSE GASES
HEALTH IMPACT
HEALTH PROBLEMS
HUMAN ACTIVITY
HUMAN DEVELOPMENT
HUMAN RIGHTS
HUMAN WELFARE
ILLNESSES
IMMUNIZATION
INCOME
INFANT
INFECTIOUS DISEASES
INFERIOR PRODUCTS
INNOVATION
INNOVATION POLICY
INNOVATIONS
INSTITUTION
INSURANCE
INSURANCE COMPANIES
INTELLECTUAL PROPERTY
INTELLECTUAL PROPERTY LAW
INTELLECTUAL PROPERTY PROTECTION
INTELLECTUAL PROPERTY RIGHTS
INTERNATIONAL BANK
INTERNATIONAL MARKET
INTERNATIONAL TRADE
INVENTION
INVENTIONS
INVESTING
IP
JOURNAL OF MEDICINE
JUDICIAL PROCESS
LARGE NUMBER OF PEOPLE
LEGAL ENFORCEMENT
LEGAL ENVIRONMENTS
LEGAL FRAMEWORK
LEGAL ISSUES
LEGAL OBLIGATION
LICENSE
LICENSE FEE
LICENSES
LOST PROFITS
LOW-INCOME COUNTRIES
LOW-INCOME COUNTRY
LOW-INCOME POPULATIONS
MALARIA
MANDATES
MANUFACTURING
MANUFACTURING INDUSTRIES
MARGINAL COST
MARGINAL COST OF PRODUCTION
MARGINAL COSTS
MARGINAL PRODUCTIVITY
MARKET CONDITIONS
MARKET ENTRY
MARKET FAILURE
MARKET INCENTIVES
MARKET PRICE
MARKET SHARE
MARKET SHARES
MARKETING
MEASLES
MEDICAL NEEDS
MEDICAL PROFESSIONALS
MONOPOLY
MONOPOLY PRICES
MOSQUITO NET
NATIONAL GOVERNMENTS
NATIONAL HEALTH SYSTEMS
NATURAL RESOURCE
NATURAL RESOURCES
NUMBER OF PEOPLE
NUMBER OF PERSONS
OPEN ACCESS
ORIGINAL CONTRACTS
PANDEMIC
PATENTS
PERSONAL FREEDOM
PHARMACEUTICAL COMPANIES
PHYSICAL INFRASTRUCTURE
POLICY RESEARCH
POLICY RESEARCH WORKING PAPER
PREMATURE DEATH
PRICE CONTROLS
PRICE DISCRIMINATION
PRICING SCHEME
PRICING SCHEMES
PRIVATE PROPERTY
PRODUCT QUALITY
PRODUCTIVITY
PRODUCTIVITY GROWTH
PROFIT MOTIVE
PROGRESS
PROPERTY RIGHT
PUBLIC GOOD
PUBLIC HEALTH
R&D
REGISTRATION SYSTEMS
RELIABILITY
RESEARCH EFFORTS
RESERVES
RESPECT
RESULT
RESULTS
RETURN
RETURNS
RICH POPULATIONS
SALES
SEARCH
SHADOW PRICE
SIDE EFFECTS
SOCIAL JUSTICE
STORAGE CAPACITY
SUPPLIERS
SUPPLY CONTRACT
TIME FRAME
TRADE BARRIERS
TRADE SYSTEM
TRANSACTION
TRANSACTION COSTS
TRANSPARENCY
TRUST FUND
TUBERCULOSIS
URUGUAY ROUND
VACCINES
VULNERABILITY
WEALTH
WEB
WORLD TRADE
WORLD TRADE ORGANIZATION
WTO
spellingShingle BACK UP
BIOMEDICAL RESEARCH
BUYER
BUYERS
BUYING POWER
CANCER
CARDIOVASCULAR DISEASES
CDS
CITIZENS
CONSUMERS
CREDIBILITY
DEVELOPING COUNTRIES
DEVELOPING COUNTRY
DEVELOPMENT EFFORTS
DEVELOPMENT POLICY
DIFFERENTIAL PRICING
DIRECT INVESTMENT
DISABILITY
DISEASES
DOMAIN
DRINKING WATER
DRUGS
ECONOMIC INEFFICIENCY
ECONOMIC JUSTIFICATION
ECONOMIC POLICIES
ECONOMIC RESOURCES
ECONOMIC THEORY
ELECTRICITY
EMERGENCIES
EPIDEMIC
ESSENTIAL DRUGS
ESSENTIAL MEDICINES
EXCLUSIVE RIGHTS
FAIR
FINANCIAL RESOURCES
FOREIGN INVESTMENT
FOREIGN INVESTMENTS
FREE TRADE
FUTURE RESEARCH
GEOGRAPHIC REGIONS
GLOBAL DEVELOPMENT
GLOBAL HEALTH
GLOBAL MARKET
GOVERNMENT FUNDING
GREENHOUSE GASES
HEALTH IMPACT
HEALTH PROBLEMS
HUMAN ACTIVITY
HUMAN DEVELOPMENT
HUMAN RIGHTS
HUMAN WELFARE
ILLNESSES
IMMUNIZATION
INCOME
INFANT
INFECTIOUS DISEASES
INFERIOR PRODUCTS
INNOVATION
INNOVATION POLICY
INNOVATIONS
INSTITUTION
INSURANCE
INSURANCE COMPANIES
INTELLECTUAL PROPERTY
INTELLECTUAL PROPERTY LAW
INTELLECTUAL PROPERTY PROTECTION
INTELLECTUAL PROPERTY RIGHTS
INTERNATIONAL BANK
INTERNATIONAL MARKET
INTERNATIONAL TRADE
INVENTION
INVENTIONS
INVESTING
IP
JOURNAL OF MEDICINE
JUDICIAL PROCESS
LARGE NUMBER OF PEOPLE
LEGAL ENFORCEMENT
LEGAL ENVIRONMENTS
LEGAL FRAMEWORK
LEGAL ISSUES
LEGAL OBLIGATION
LICENSE
LICENSE FEE
LICENSES
LOST PROFITS
LOW-INCOME COUNTRIES
LOW-INCOME COUNTRY
LOW-INCOME POPULATIONS
MALARIA
MANDATES
MANUFACTURING
MANUFACTURING INDUSTRIES
MARGINAL COST
MARGINAL COST OF PRODUCTION
MARGINAL COSTS
MARGINAL PRODUCTIVITY
MARKET CONDITIONS
MARKET ENTRY
MARKET FAILURE
MARKET INCENTIVES
MARKET PRICE
MARKET SHARE
MARKET SHARES
MARKETING
MEASLES
MEDICAL NEEDS
MEDICAL PROFESSIONALS
MONOPOLY
MONOPOLY PRICES
MOSQUITO NET
NATIONAL GOVERNMENTS
NATIONAL HEALTH SYSTEMS
NATURAL RESOURCE
NATURAL RESOURCES
NUMBER OF PEOPLE
NUMBER OF PERSONS
OPEN ACCESS
ORIGINAL CONTRACTS
PANDEMIC
PATENTS
PERSONAL FREEDOM
PHARMACEUTICAL COMPANIES
PHYSICAL INFRASTRUCTURE
POLICY RESEARCH
POLICY RESEARCH WORKING PAPER
PREMATURE DEATH
PRICE CONTROLS
PRICE DISCRIMINATION
PRICING SCHEME
PRICING SCHEMES
PRIVATE PROPERTY
PRODUCT QUALITY
PRODUCTIVITY
PRODUCTIVITY GROWTH
PROFIT MOTIVE
PROGRESS
PROPERTY RIGHT
PUBLIC GOOD
PUBLIC HEALTH
R&D
REGISTRATION SYSTEMS
RELIABILITY
RESEARCH EFFORTS
RESERVES
RESPECT
RESULT
RESULTS
RETURN
RETURNS
RICH POPULATIONS
SALES
SEARCH
SHADOW PRICE
SIDE EFFECTS
SOCIAL JUSTICE
STORAGE CAPACITY
SUPPLIERS
SUPPLY CONTRACT
TIME FRAME
TRADE BARRIERS
TRADE SYSTEM
TRANSACTION
TRANSACTION COSTS
TRANSPARENCY
TRUST FUND
TUBERCULOSIS
URUGUAY ROUND
VACCINES
VULNERABILITY
WEALTH
WEB
WORLD TRADE
WORLD TRADE ORGANIZATION
WTO
Sonderholm, Jorn
Intellectual Property Rights and the TRIPS Agreement : An Overview of Ethical Problems and Some Proposed Solutions
geographic_facet The World Region
relation Policy Research working paper ; no. WPS 5228
description The Agreement on Trade-Related Aspects of Intellectual Property Rights negotiated in 1986 under the auspices of the General Agreement on Tariffs and Trade, the institutional predecessor of the World Trade Organization, incorporated substantial and uniform protections of intellectual property rights into the international trade system. A large body of contemporary academic literature suggests that intellectual property rights on socially valuable goods such as essential medicines give rise to a number of ethical problems. This review paper seeks to give an overview of these problems. Moreover, it offers an outline and discussion of a number of proposals as to how these problems might be alleviated. The paper is primarily descriptive in character. This means that although a personal perspective is sometimes offered, the primary ambition of the paper is not to argue for, and defend, a particular solution to the issues discussed. The aim is rather to highlight, explain and put into perspective a number of important arguments in the debate on the ethical nature of intellectual property rights so that policy-makers and other stakeholders are relatively well-equipped to make up their own mind on the issue.
format Publications & Research :: Policy Research Working Paper
author Sonderholm, Jorn
author_facet Sonderholm, Jorn
author_sort Sonderholm, Jorn
title Intellectual Property Rights and the TRIPS Agreement : An Overview of Ethical Problems and Some Proposed Solutions
title_short Intellectual Property Rights and the TRIPS Agreement : An Overview of Ethical Problems and Some Proposed Solutions
title_full Intellectual Property Rights and the TRIPS Agreement : An Overview of Ethical Problems and Some Proposed Solutions
title_fullStr Intellectual Property Rights and the TRIPS Agreement : An Overview of Ethical Problems and Some Proposed Solutions
title_full_unstemmed Intellectual Property Rights and the TRIPS Agreement : An Overview of Ethical Problems and Some Proposed Solutions
title_sort intellectual property rights and the trips agreement : an overview of ethical problems and some proposed solutions
publishDate 2012
url http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20100302132412
http://hdl.handle.net/10986/3714
_version_ 1764387955895435264
spelling okr-10986-37142021-04-23T14:02:12Z Intellectual Property Rights and the TRIPS Agreement : An Overview of Ethical Problems and Some Proposed Solutions Sonderholm, Jorn BACK UP BIOMEDICAL RESEARCH BUYER BUYERS BUYING POWER CANCER CARDIOVASCULAR DISEASES CDS CITIZENS CONSUMERS CREDIBILITY DEVELOPING COUNTRIES DEVELOPING COUNTRY DEVELOPMENT EFFORTS DEVELOPMENT POLICY DIFFERENTIAL PRICING DIRECT INVESTMENT DISABILITY DISEASES DOMAIN DRINKING WATER DRUGS ECONOMIC INEFFICIENCY ECONOMIC JUSTIFICATION ECONOMIC POLICIES ECONOMIC RESOURCES ECONOMIC THEORY ELECTRICITY EMERGENCIES EPIDEMIC ESSENTIAL DRUGS ESSENTIAL MEDICINES EXCLUSIVE RIGHTS FAIR FINANCIAL RESOURCES FOREIGN INVESTMENT FOREIGN INVESTMENTS FREE TRADE FUTURE RESEARCH GEOGRAPHIC REGIONS GLOBAL DEVELOPMENT GLOBAL HEALTH GLOBAL MARKET GOVERNMENT FUNDING GREENHOUSE GASES HEALTH IMPACT HEALTH PROBLEMS HUMAN ACTIVITY HUMAN DEVELOPMENT HUMAN RIGHTS HUMAN WELFARE ILLNESSES IMMUNIZATION INCOME INFANT INFECTIOUS DISEASES INFERIOR PRODUCTS INNOVATION INNOVATION POLICY INNOVATIONS INSTITUTION INSURANCE INSURANCE COMPANIES INTELLECTUAL PROPERTY INTELLECTUAL PROPERTY LAW INTELLECTUAL PROPERTY PROTECTION INTELLECTUAL PROPERTY RIGHTS INTERNATIONAL BANK INTERNATIONAL MARKET INTERNATIONAL TRADE INVENTION INVENTIONS INVESTING IP JOURNAL OF MEDICINE JUDICIAL PROCESS LARGE NUMBER OF PEOPLE LEGAL ENFORCEMENT LEGAL ENVIRONMENTS LEGAL FRAMEWORK LEGAL ISSUES LEGAL OBLIGATION LICENSE LICENSE FEE LICENSES LOST PROFITS LOW-INCOME COUNTRIES LOW-INCOME COUNTRY LOW-INCOME POPULATIONS MALARIA MANDATES MANUFACTURING MANUFACTURING INDUSTRIES MARGINAL COST MARGINAL COST OF PRODUCTION MARGINAL COSTS MARGINAL PRODUCTIVITY MARKET CONDITIONS MARKET ENTRY MARKET FAILURE MARKET INCENTIVES MARKET PRICE MARKET SHARE MARKET SHARES MARKETING MEASLES MEDICAL NEEDS MEDICAL PROFESSIONALS MONOPOLY MONOPOLY PRICES MOSQUITO NET NATIONAL GOVERNMENTS NATIONAL HEALTH SYSTEMS NATURAL RESOURCE NATURAL RESOURCES NUMBER OF PEOPLE NUMBER OF PERSONS OPEN ACCESS ORIGINAL CONTRACTS PANDEMIC PATENTS PERSONAL FREEDOM PHARMACEUTICAL COMPANIES PHYSICAL INFRASTRUCTURE POLICY RESEARCH POLICY RESEARCH WORKING PAPER PREMATURE DEATH PRICE CONTROLS PRICE DISCRIMINATION PRICING SCHEME PRICING SCHEMES PRIVATE PROPERTY PRODUCT QUALITY PRODUCTIVITY PRODUCTIVITY GROWTH PROFIT MOTIVE PROGRESS PROPERTY RIGHT PUBLIC GOOD PUBLIC HEALTH R&D REGISTRATION SYSTEMS RELIABILITY RESEARCH EFFORTS RESERVES RESPECT RESULT RESULTS RETURN RETURNS RICH POPULATIONS SALES SEARCH SHADOW PRICE SIDE EFFECTS SOCIAL JUSTICE STORAGE CAPACITY SUPPLIERS SUPPLY CONTRACT TIME FRAME TRADE BARRIERS TRADE SYSTEM TRANSACTION TRANSACTION COSTS TRANSPARENCY TRUST FUND TUBERCULOSIS URUGUAY ROUND VACCINES VULNERABILITY WEALTH WEB WORLD TRADE WORLD TRADE ORGANIZATION WTO The Agreement on Trade-Related Aspects of Intellectual Property Rights negotiated in 1986 under the auspices of the General Agreement on Tariffs and Trade, the institutional predecessor of the World Trade Organization, incorporated substantial and uniform protections of intellectual property rights into the international trade system. A large body of contemporary academic literature suggests that intellectual property rights on socially valuable goods such as essential medicines give rise to a number of ethical problems. This review paper seeks to give an overview of these problems. Moreover, it offers an outline and discussion of a number of proposals as to how these problems might be alleviated. The paper is primarily descriptive in character. This means that although a personal perspective is sometimes offered, the primary ambition of the paper is not to argue for, and defend, a particular solution to the issues discussed. The aim is rather to highlight, explain and put into perspective a number of important arguments in the debate on the ethical nature of intellectual property rights so that policy-makers and other stakeholders are relatively well-equipped to make up their own mind on the issue. 2012-03-19T18:38:24Z 2012-03-19T18:38:24Z 2010-03-01 http://www-wds.worldbank.org/external/default/main?menuPK=64187510&pagePK=64193027&piPK=64187937&theSitePK=523679&menuPK=64187510&searchMenuPK=64187283&siteName=WDS&entityID=000158349_20100302132412 http://hdl.handle.net/10986/3714 English Policy Research working paper ; no. WPS 5228 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank Publications & Research :: Policy Research Working Paper The World Region