Intellectual Property Rights: A Concise Guide (Chapter 2), and Intellectual Property Rights: How They Affect Procurement and What Steps Can Be Taken (Annex B)
in BATTLING HIV/AIDS: A DECISION MAKER’S GUIDE TO THE PROCUREMENT OF MEDICINES AND RELATED SUPPLIES 11-20, 105-29 (ed. Y. Tayler 2004), World Bank
The procurement of HIV/AIDS–related medicines and supplies is directly affected by rights in intellectual property, most notably patents. The subject of intellectual property is very complex. Some areas are confusing even to the most highly trained specialists. Yet procurement authorities cannot avoid the subject. When supplies of low-cost, high-quality medicines are sought from so-called “generic” producers, holders of patents on those same medicines may object. But procurement authorities may be able to overcome patent obstacles by using “flexibilities” established by international agreement. These flexibilities were recently affirmed by the World Trade Organization as it addressed the relationship between intellectual property rights and public health. Chapter 2 outlines the basics a procurement authority should know, but, of necessity, presents only a simplified treatment of the subject. Annex B contains a detailed discussion of how patents and other intellectual property rights affect medicines procurement. Annex B should be consulted for a more complete discussion.