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Article
Publication date: 27 September 2021

Boniface Chimpango

The purpose of this study is to contribute towards the debate about global access to COVID-19 vaccines, therapeutics and diagnostics.

Abstract

Purpose

The purpose of this study is to contribute towards the debate about global access to COVID-19 vaccines, therapeutics and diagnostics.

Design/methodology/approach

The global scramble for COVID-19 vaccine and other related pharmaceutical products have once again exposed the limitations of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). High-income countries are claiming a lion’s share of the first available batches of the COVID-19 vaccine in total disregard of the consequences such approach would have on the low-income countries that lack both the manufacturing wherewithal and the financial resources to purchase the vaccine and other products needed to combat the pandemic. This paper reviews the existing TRIPS Flexibilities and analyses their limitations with respect to equitable access of pharmaceutical products in times of health emergencies. This paper then considers the unique challenges that have been brought to the fore by the COVID-19 pandemic. Finally, this paper analytically explores some options that have been proposed so far that the World Trade Organization (WTO) or governments can take in the immediate to near term to facilitate equitable access to COVID-19 pharmaceutical products and technologies. This research is non-empirical, desk-based research. It is, therefore, based on the literature review of existing body of work that is relevant to the topic under discussion. Mindful of the epistemological challenges that are always associated with desk-based research, part of the methodology of this work is to seek support from related empirical studies based on different philosophical underpinnings but that confirm the working hypothesis of this research.

Findings

This paper finds that there is still a need for a comprehensive reform of TRIPS Agreement to streamline the voluntary licencing system which is an important tool for low-income countries’ access to affordable pharmaceuticals. However, for purposes of dealing with COVID-19, WTO members should consider establishing pooled Licencing Facilities and procurement strategies via already existing political, economic or regional trade groupings.

Originality/value

This research is original. All sources have been acknowledged. This research synthesises different research papers and applies different viewpoints to the debate on the impact of the TRIPS Agreement on equitable access to COVID-19 vaccines, therapeutics and diagnostics.

Details

Journal of International Trade Law and Policy, vol. 20 no. 3
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 10 January 2023

Vishnu Nambiar, Gayatri Kunte and Varadurga Bhat

Several countries, such as South Africa and India, believe that intellectual property rights (IPRs), including patents, impede the efficient increase in vaccine production to…

Abstract

Purpose

Several countries, such as South Africa and India, believe that intellectual property rights (IPRs), including patents, impede the efficient increase in vaccine production to inoculate the global population as they scramble to recover from the COVID-19 pandemic. Their proposal at the World Trade Organization (WTO) to waive these pharmaceutical patents has been met with resistance from a few developed countries, who believe that the abrogation of IPRs is unnecessary, even during a pandemic. The purpose of this paper is to discuss the impact of a potential waiver of medical patents at the WTO versus the status quo of IPR laws in the global economy.

Design/methodology/approach

This study examines key arguments from economic and moral standpoints regarding the provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and other related international agreements and their validity based on the premise of the internalisation of positive externalities posed by vaccines.

Findings

The effectiveness of the TRIPS agreement in securing medical access is weak on account of the ability of profit-making multinationals to secure IP rights and on account of the Trans-Pacific Partnership, a multilateral agreement that supports patent evergreening and a period of protection on test data which challenges the access to medicines and the fundamental human right to health.

Originality/value

This study examines international IPRs through the lens of human rights and proposes a new system that balances the two.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 14 September 2010

Mohammed El Said

Although a large number of Arab countries are members of the World Trade Organisation and the Agreement on Trade‐Related Aspects of Intellectual Property Rights, most of these…

661

Abstract

Purpose

Although a large number of Arab countries are members of the World Trade Organisation and the Agreement on Trade‐Related Aspects of Intellectual Property Rights, most of these countries were unable to structure a national intellectual property protection regime which takes into consideration their development plans. The purpose of this paper is to shed light on the history of Arab countries' participation in multilateral trade and intellectual property negotiations and calls for the maximum utilisation by these countries of the intellectual property policy space available to them under international law.

Design/methodology/approach

The paper draws from the texts of international agreements and from the available literature on intellectual property. The paper also makes use of various international reports and studies on intellectual property and development.

Findings

The paper argues that due to the minimal participation and involvement by Arab countries in international trade and intellectual property negotiations, officials in these countries lacked deep knowledge and understanding about the technical and legal issues engulfing the regulation and implementation of intellectual property. The paper finds that those countries mostly active in negotiations were more able to capitalise on the system and to benefit from the available policy space in terms of national development. Finally, the paper provides recommendations aimed towards enhancing the policy space and utilising intellectual property for development purposes.

Originality/value

These findings are important for policy makers, officials and those interested in understanding the relation between intellectual property protection and development and how developing and Arab countries would be able to maximize the benefits from the international protection regime.

Details

Journal of International Trade Law and Policy, vol. 9 no. 3
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 2 September 2014

Pamela Lirio

The purpose of this paper is to understand how global managers from the generation born 1965 to 1980 (“Generation X”) manage demands of international business travel with desires…

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Abstract

Purpose

The purpose of this paper is to understand how global managers from the generation born 1965 to 1980 (“Generation X”) manage demands of international business travel with desires for family involvement. A portrait evolves of how travel within a global career might be optimized for both business and family life.

Design/methodology/approach

A qualitative methodology was used as little research has focussed on alternative forms of global work or work-family issues in a global context. The author conducted in-depth interviews with 25 Gen X global managers in dual-career families (“Global Gen Xers”) pursuing global careers from the USA and Canada.

Findings

The author uncovered how Global Gen Xers experienced “work-life balance” through executing personal discretion over travel and substituting in technology. The construct of travel discretion reveals these approaches. Mutual flexibility on the part of global managers and organizations tamed the demanding nature of work spanning divergent locations and time zones.

Research limitations/implications

The findings represent experiences from a self-select group of global Gen X managers interviewed at one point in their careers. The author did not obtain reflections from their families on work-family functioning.

Practical implications

The findings encourage companies to foster flexibility among their global managers around travel decisions. The author can consider how and when international travel can be replaced through technology in order to control costs and sustain global workforces.

Originality/value

This study provides one of the first examinations of work-life balance among younger global managers. It also highlights experiences of those not on expatriate assignments, but performing global work through international travel and technology.

Details

Journal of Global Mobility, vol. 2 no. 2
Type: Research Article
ISSN: 2049-8799

Keywords

Book part
Publication date: 25 September 2017

Aashna Mehta, Habib Hasan Farooqui and Sakthivel Selvaraj

The Indian pharmaceutical industry accounts for 8% of global production and exports medicines to over 200 countries. Multinational enterprises (MNEs) enter the Indian market…

Abstract

The Indian pharmaceutical industry accounts for 8% of global production and exports medicines to over 200 countries. Multinational enterprises (MNEs) enter the Indian market either directly through the establishment of subsidiaries or indirectly through licensing arrangements. However, evidence on MNE’s contribution toward development in India in terms of capability enhancement and linkages or through other spillover effects is limited. The purpose of this research was to generate evidence on (a) contribution of MNEs in the pharmaceutical market in India, (b) nature and impact of foreign direct investment (FDI) inflows in the Indian pharmaceutical sector, (c) contribution of MNEs in R&D and innovation in India, and (d) MNE’s contribution toward introducing new chemical entities (NCEs) and new biological entities (NBEs) in India through a mixed method research design. We conducted an in-depth quantitative analysis on multiple data sets and qualitative interviews of various stakeholders to generate a holistic understanding on the aforementioned research objectives. Our findings suggest that from the perspective of capability enhancement and linkages, the contribution of pharmaceutical MNEs in India is limited. We observed that majority of FDI investments are brownfield against desired greenfield investments. In addition, MNEs are investing far less of profit before tax (PBT) compared with Indian firms on research and development. However, MNEs are contributing significantly toward access to certain pharmaceutical segments like vaccines, hormones, and parenterals, which require sophisticated production facilities, advanced technology, and intellectual capital. Further, MNEs role in innovation and introduction of new medicines (new molecular entity [NME] and NBE New Chemical and Biological Entities (NCEs and NBEs)) in India is significant. We propose that creating a conducive policy environment and predictable regulatory environment can facilitate capability enhancement and linkages through MNEs. Some of the potential policy instruments include appropriate implementation of FDI policy and Intellectual Property Rights (IPR) policy to balance trade and public health.

Details

International Business & Management
Type: Book
ISBN: 978-1-78743-163-8

Keywords

Article
Publication date: 6 July 2015

Rory Horner

This paper aims to explore how established multinational enterprises (MNEs) have responded to the perceived threat from rising power firms by seeking to alter the intellectual…

Abstract

Purpose

This paper aims to explore how established multinational enterprises (MNEs) have responded to the perceived threat from rising power firms by seeking to alter the intellectual property institutional environment in key emerging economies.

Design/methodology/approach

The key place of emerging economies in the efforts of established MNEs to seek patent law change is discussed. Two case studies review developments related to pharmaceutical patents in India and South Africa, highlighting the influence of MNEs in driving policy change and the contested nature of their actions.

Findings

While India and South Africa both present evidence of MNEs seeking to influence pharmaceutical patent laws, distinct differences emerge. In India, most MNE pressure has been in response to the emergence of an active domestic industry and a patent law oriented towards generic entry, while the MNE priority in South African has been geared towards maintaining MNE dominance and a system which leads to generous granting of patents.

Practical implications

Managers and decision-makers seeking to invest in emerging economies must take account of a plethora of institutions present, which may be better suited towards local industrial and consumer interests and may prompt resistance to any established MNE-led attempt at institutional change.

Originality/value

The article offers a comparative perspective on pharmaceutical patent laws in India and South Africa, which have been subject to significant contestation by policymakers, civil society organisations and both rising power and established MNEs. The comparison explores and questions the increasingly widespread “institutional void” thesis in international business.

Details

critical perspectives on international business, vol. 11 no. 3/4
Type: Research Article
ISSN: 1742-2043

Keywords

Abstract

Details

Handbook of Transport Geography and Spatial Systems
Type: Book
ISBN: 978-1-615-83253-8

Article
Publication date: 7 June 2011

Douglas G. Pearce and Christian Schott

This paper seeks to analyze the extent to which New Zealand domestic and outbound travelers' book components of their trip in advance or at their destination and to explore the…

1619

Abstract

Purpose

This paper seeks to analyze the extent to which New Zealand domestic and outbound travelers' book components of their trip in advance or at their destination and to explore the factors that influence this. Furthermore, the paper compares the distribution channels used by domestic and outbound travelers to purchase different travel products and to examine why these channels have been selected.

Design/methodology/approach

The study involves the collection and analysis of data on the profiles, trip characteristics and distribution behavior of domestic and outbound travelers based on a nationwide telephone survey of 1,000 respondents.

Findings

Little variation was found in the profile characteristics of domestic and outbound travelers but significant differences occurred in terms of the trip characteristics, the extent of booking in advance and at the destination, reasons why advance bookings were not made, how bookings were made and the channels used all exhibited significant differences according to domestic or outbound travel. This pattern was less consistent with regards to the factors influencing how the bookings were made and the factors affecting channel choice.

Research and practical implications

The findings illustrate the complexity of travel decision‐making issues, underline the need to take account of differences between domestic and outbound travel and across trip components, and to examine the factors that underlie distribution related behavior.

Originality/value

The value and originality of this paper lie in the systematic comparison of the booking and channel choice behavior of domestic and outbound travelers, the search for factors influencing this behavior and a sectoral approach that differentiates transport to and at the destination.

Details

International Journal of Culture, Tourism and Hospitality Research, vol. 5 no. 2
Type: Research Article
ISSN: 1750-6182

Keywords

Article
Publication date: 5 March 2021

Mario C. Cerilles Jr and Harry Gwynn Omar M. Fernan

The COVID-19 pandemic has devastated economies and public health systems across the globe, increasing the anticipation for the creation of an effective vaccine. With this comes…

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Abstract

Purpose

The COVID-19 pandemic has devastated economies and public health systems across the globe, increasing the anticipation for the creation of an effective vaccine. With this comes the reinforcement of debates between the right to health and pharmaceutical patent rights. The purpose of this study is to illustrate how the Philippines could attempt to balance the right to health with pharmaceutical patent rights in the introduction of a potential COVID-19 vaccine into the country.

Design/methodology/approach

This will be accomplished through an examination of the flexibilities allowed by international agreements and domestic patent laws.

Findings

With the economic and health challenges brought about by the COVID-19 pandemic, the Philippine Government will have a strong justification to pursue parallel importation and compulsory licencing under the Agreement on Trade-Related Aspects of Intellectual Property Rights. This is exacerbated by the bold leadership of President Duterte, whose administration has so far shown a propensity to decide in favor of the right to health at the expense of other rights in dealing with the pandemic.

Originality/value

While this paper focuses on the Philippines, it has a potential application in the least developed and developing countries which aim to gain access to a prospective COVID-19 vaccine. Moreover, while this study discusses the harmonization of laws on the right to health and patent laws as a solution to the COVID-19 pandemic and the lack of access to vaccines, it also calls for solutions that go beyond the application of the law.

Details

International Journal of Human Rights in Healthcare, vol. 14 no. 3
Type: Research Article
ISSN: 2056-4902

Keywords

Open Access
Article
Publication date: 4 March 2022

Caroline B. Ncube

This paper aims to explore the contours of the future intellectual property (IP) protocol of the African Continental Free Trade Area (AfCFTA) Agreement.

3739

Abstract

Purpose

This paper aims to explore the contours of the future intellectual property (IP) protocol of the African Continental Free Trade Area (AfCFTA) Agreement.

Design/methodology/approach

This paper frames the IP protocol within the architecture of the AfCFTA Agreement, meaning that it will follow the structure of other protocols and will be guided by the Agreement’s foundational principles and objectives. With the place, shape and form of the protocol so established, the paper considers the substantive aspects that ought to be addressed. It also considers provisions on technical assistance, capacity building and cooperation.

Findings

The paper finds that the Tripartite Free Trade Phase 2 IP agenda is a credible starting place, which must be broadened to better meet gendered challenges and the continent’s developmental priorities. This will entail including provisions on specific aspects enumerated in the paper, which must be aligned with provisions on technical assistance, capacity building and cooperation to enhance implementation. The best outcomes in the negotiation, adoption and implementation of the IP protocol will be achieved by an inclusive approach incorporating all national, sub-regional and regional institutions guided by coherent policy and coordinated to ensure efficiency in resources and capacity mobilisation.

Originality/value

To the best of the author’s knowledge, this is the first paper to formally consider both the architecture and substantive provisions of the future AfCFTA IP protocol with specific focus on gendered dimensions.

Details

Journal of International Trade Law and Policy, vol. 21 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

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