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The Effect from TRIPs Agreement on Thailand: Pharmaceutical Patents, the Access of Essential Medicines and the Remedy by Compulsory Licensing (2013)

Ref: law0015

Nowadays, the world is breakthrough with new technology and new discovery of nature, affecting human being to develop the right to protect new innovations to make incentive and reward to create new things for our shrinking world. The right to protect is well known as intellectual property right, which covers myriad types of right, but the major rights are copyrights, patents, and trademarks. It is demonstrated that intellectual property rights vary widely from country to country, however, there are variety conventions relating to intellectual property rights providing the basic rules which the rights should cover. The well known conventions relating to intellectual property rights are the Paris Convention, Berne Convention, and Agreement on Trade - Related Aspects of Intellectual Property Rights (TRIPS agreement). Thailand is the developing country which has its own intellectual property rights; nevertheless, it ratified Berne Convention, TRIPS agreement, WTO, and GATT which made Thailand to revise intellectual property laws with the general rules of these conventions. Concerning with patents in Thailand, it is clear to say that Thailand is one of developing countries which has various copy items of patents. However, it should be fair to focus on merely the significant patent involving everyone in the country which is pharmaceutical patents because Thai people must access to medicines when they are illness. As a consequence, this research papers will emphasis in the influence from TRIPS agreement on Thailand by discussing on pharmaceutical patents which bring about the difficulty to access to essential medicines. In addition, it will manifest how Thailand applies the mechanism which is flexible for making Thai citizens to access to essential medicines such as compulsory licensing to solve these problems, and the result of applying compulsory licensing. Finally, from Thailand study case, it will provide recommendation to balance the issuance of compulsory licenses by arguing pros and cons of issuing compulsory licenses.


  • 10,000 words – 38 pages in length
  • Good use of literature
  • Well written throughout
  • Good analysis of subject area
  • Ideal for international law students 


1. Introduction

2. The Significance of Patents

3. TRIPS Agreement In Relation To Patents
Trips Agreement
The Effect on Pharmaceutical Patents

4. Patents in Thailand

5. Pharmaceutical Patents and the Access of Essential Medicine In Thailand
General Background
Effect of Trips Agreement on Pharmaceutical Patents in Thailand

6. How to Solve the Difficulty of Accessing Essential Medicines
Limited Exceptions to Patent Rights
Compulsory Licensing

7. The Use of Compulsory Licensing In Thailand
Issues of Compulsory Licensing
Systematic Issues of Compulsory Licenses in Thailand
How to Achieve Compulsory Licensing
Is Compulsory Licensing a Solution For Pharmaceutical Patents and the Access of Essential Medicines in Thailand?

8. Recommendation on How to Properly Use Compulsory Licensing
Pros and Cons of Using Compulsory Licensing
Balancing the Use of Compulsory Licensing as a Mechanism to Access to Medicines

9. Conclusions

Bibliography


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