TRIPS Agreement’s Impact on the Accessibility of Pharmaceuticals in the Developing Countries : Developed Game-Theoretic Model

Abstract: Problem: The problem under consideration is the World Trade Organization’s (WTO) agreement called Trade-Related Aspects of Intellectual Property Rights (TRIPS) and its impact on equal access to essential drugs in the least developed countries. Especially the countries of sub-Saharan Africa lack such access. Moreover, these countries are the ones where severe diseases like AIDS/HIV, tuberculosis and malaria are widely spread over the population. The authors focus also on patents and their obligatory length imposed through the articles of TRIPS agreement. Purpose: The purpose of the thesis is to describe and analyse the impact of global trade regulations (TRIPS in particular) on the accessibility of essential drugs in developing countries, and to come up with a possible solution as the way of coping with the problem is concerned. The investigation includes detailed description of solutions accomplished by Brazil and India, and their importance for the least developed countries, in terms of importing generic pharmaceuticals from these. Method: Qualitative method was used in order to obtain data from interviews with citizens of Botswana, Ghana, Ethiopia and South Africa for better understanding of the situation in these countries. Furthermore, the theories included in the theoretical background of this paper were gathered through deep research in the field of studies regarding Intellectual Property protection and World Trade Organization’s agreements and other legal acts. Results: The result of the analysis is a model developed from the Game-Theoretic Model, and called Developed Game-Theoretic Model. It is a tool which the least developed countries can use while negotiating prices of medicines with pharmaceutical companies, having the possibility of importing the pharmaceuticals from other countries manufacturing the patented product under compulsory licensing.