The Dilemma of Intellectual Property Rights for Pharmaceuticals: The Tension Between Ensuring Access of the Poor to Medicines and Committing to International Agreements

  1. Jillian Clare Cohen,
  2. Patricia Illingworth

Article first published online: 8 APR 2003

DOI: 10.1111/1471-8847.00058

Issue

Developing World Bioethics

Developing World Bioethics

Volume 3, Issue 1, pages 27–48, May 2003

Additional Information

How to Cite

Cohen, J. C. and Illingworth, P. (2003), The Dilemma of Intellectual Property Rights for Pharmaceuticals: The Tension Between Ensuring Access of the Poor to Medicines and Committing to International Agreements. Developing World Bioethics, 3: 27–48. doi: 10.1111/1471-8847.00058

Author Information

  1. 1 University of Toronto, Canada Jillianclare.cohen@utoronto.ca, 2Northeastern University, Boston, USA p.illingworth@neu.edu

Publication History

  1. Issue published online: 8 APR 2003
  2. Article first published online: 8 APR 2003

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In this paper, we provide an overview of how the outcomes of the Uruguay Round affected the application of pharmaceutical intellectual property rights globally. Second, we explain how specific pharmaceutical policy tools can help developing states mitigate the worst effects of the TRIPS Agreement. Third, we put forward solutions that could be implemented by the World Bank to help overcome the divide between creating private incentives for research and development of innovative medicines and ensuring access of the poor to medicine. Fourth, we evaluate these solutions on the basis of utilitarian considerations and urge that equitable pricing is morally preferable to the other solutions.

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