Patents versus People TRIPS, the USTR, International Advocacy Groups, and Access to Medication in Developing Countries

Date of Award

2005

Document Type

Thesis

Degree Name

Bachelors

Department

Social Sciences

First Advisor

Alcock, Frank

Keywords

Non-Governmental Organizations (NGOs), Office of the United States Trade Representative (USTR), Agreement on Trade-Related Aspects of Intellectual Property (TRIPS), Brazil, South Africa, Argentina, Unilateralism, Pharmaceutical Patents

Area of Concentration

International Relations

Abstract

On paper, the 1994 World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) appears to address divergences between country positions regarding intellectual property (IP) rights; it aims to further IP protection in developing countries as per developed country desires, yet also provides safeguards (on issues such as public health) to address developing country concerns. In actuality, however, IP protection has remained controversial and ultimately vulnerable to U.S. unilateralism. This thesis is particularly concerned with the conflict over pharmaceutical patents (particularly in the area of HIV / AIDS) which can serve to limit the availability of expensive medications needed by many developing country populations yet are still pursued by the Office of the United States Trade Representative's (USTR). The USTR has made numerous unilateral attempts to enforce its own IP priorities (and its own interpretations of TRIPS) abroad. Although many U.S. trade partners acquiesce and incorporate stronger IP standards (often going beyond their TRIPS commitments) some have successfully resisted U.S. pressure despite tremendous U.S. power advantages. This thesis is concerned with exploring these variations within the broader context of the TRIPS Agreement. It highlights the influence of non-governmental organizations (NGOs), or advocacy groups, suggesting that one explanation for developing country successes may lie in the presence of international campaigns launched by these groups on behalf of developing country positions on this issue. These NGOs utilize Information Politics, Symbolic Politics, and Accountability Politics towards increasing the Moral Leverage of their position, in order to try to generate international pressure and ultimately overcome the U.S.'s overwhelming access to Material Leverage.

Rights

This bibliographic record is available under the Creative Commons CC0 public domain dedication. The New College of Florida, as creator of this bibliographic record, has waived all rights to it worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.

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