Abstract: |
This WTO working paper studies availability and affordability of new and
innovative pharmaceuticals in a post-TRIPS era. The WTO's TRIPS Agreement
(TRIPS) makes it obligatory for WTO members − except least-developed country
members (LDCs) - to provide pharmaceutical product patents with a 20-year
protection term. Developing country members, other than LDCs, were meant to be
compliant with this provision of TRIPS by 2005. This study investigates two
questions in this context: (1) How does the introduction of product patents in
pharmaceuticals affect the likelihood of pharmaceutical firms to launch new
and innovative medicines in those markets? (2) For launched new and innovative
medicines, how much do patent owners or generic pharmaceutical firms adjust
their prices to local income levels? Using launch data from 1980 to 2017
covering 70 markets, the study finds that introduction of product patent for
pharmaceuticals in the patent law has a positive effect on launch likelihood,
especially for innovative pharmaceuticals. However, this effect is quite
limited in low-income markets. Also, innovative pharmaceuticals are launched
sooner than non-innovative ones, irrespective of the patent regime in the
local market. Using a panel data set of originator and generic prices from
2007 to 2017, the study finds evidence of differential pricing for both
originator and generic products. Overall, originators differentiate by about
11% and generics by about 26%. Differential pricing is larger for
pharmaceuticals to treat infectious diseases, particularly for HIV/AIDs
medicines, than for non-communicable diseases. However, pharmaceutical prices
are far from being fully adjusted to local income levels in either case.
However, competition, especially that within a particular medicine market, can
effectively drive down prices in both originator and generic markets. |