Impacts of intellectual property provisions in trade treaties on access to medicine in low and middle income countries: a systematic review | Globalization and Health | Full Text

The Nugget

  • Intellectual property provisions in trade treaties often lead to higher medicine prices and decreased consumer welfare, adversely affecting access in low and middle-income countries. The degree of impact varies based on whether the evaluation is ex-ante (predictive) or ex-post (empirical).

Make it stick

  • 📈 Higher prices and decreased access to medicines are consistently observed outcomes when trade agreements impose stricter intellectual property rights.
  • 💊 TRIPS-plus provisions, which include additional patent protections, tend to exacerbate price hikes, limiting the availability of both branded and generic medications.
  • 🧮 Ex-ante studies tend to predict significant price increases (50% to 600%) compared to more moderate empirical findings (3% to 50%) from ex-post studies.
  • 🌍 The effect on medicine access is multifactorial, influenced by local policies, GDP levels, and the existing healthcare ecosystem of the country.

Key insights

Impacts of Intellectual Property Provisions

  1. Increased Prices: Both ex-ante studies predict sharp increases in medicine prices due to stronger IP regulations, while ex-post findings suggest moderate price inflation.
  2. Consumer Welfare: The imposition of IP protections generally results in decreased consumer welfare, as higher prices lead to reduced medication affordability and availability.
  3. Variable Effects: The effects of IP provisions vary by country, impacted by existing healthcare structures and the strength of local generics markets.

Types of Studies Reviewed

  1. Ex-ante Studies (Predictive): Focus on structural modeling and simulations to estimate potential impacts on access based on hypothetical scenarios.
  2. Ex-post Studies (Empirical): Utilize actual historical data and econometric methods to analyze the real-world effects of IP policy changes post-implementation.
  3. Mixed Findings: A mix of results indicates complexities in how specific IP measures affect different medicines and various countries.

Research Gaps and Future Directions

  1. Need for More Studies: A clear requirement for further empirical research exists to better understand how various IP measures impact different medicines and healthcare outcomes.
  2. Exploration of Mechanisms: There is insufficient understanding of the mechanisms through which IP provisions affect medicine access, necessitating targeted studies.
  3. Cross-Country Variation: Future research should explore how IP impacts differ among low and middle-income countries, considering their unique economic and healthcare contexts.

Key quotes

  • "Both ex ante and ex post methods report, for the most part, an increase in price and a decrease in consumer welfare with imposition of intellectual property protection."
  • "Changes in intellectual property policy due to the implementation of trade agreements affect price, medicines expenditure and sales, consumer welfare, and ultimately the affordability of medicines."
  • "The impact of IP provisions manifests through the healthcare/pharmaceutical ecosystem, highlighting the necessity for integrative approaches."
  • "Existing generic producers are often 'grandfathered' and continue to produce even after patent enforcement, leading to less severe price hikes than predicted."
  • "We are unable... to unpack the main IP drivers that impact access to medicines."
This summary contains AI-generated information and may have important inaccuracies or omissions.