文章基本信息

标题：A review of the health and economic implications of patent protection, with a specific focus on Thailand
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作者：Inthira Yamabhai ; Richard D Smith
期刊名称：Health Research Policy and Systems
印刷版ISSN：1478-4505
电子版ISSN：1478-4505
出版年度：2012
卷号：10
期号：1
页码：24
DOI：10.1186/1478-4505-10-24
语种：English
出版社：BioMed Central
摘要：Although it has been two decades since the Thai Patent Act was amended to comply with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), there has been little emphasis given to assessing the implications of this amendment. The purpose of this review is to summarize the health and economic impact of patent protection, with a focus on the experience of Thailand. A review of national and international empirical evidence on the health and economic implications of patents from 1980 to 2009 was undertaken. The findings illustrate the role of patent protection in four areas: price, present access, future access, and international trade and investment. Forty-three empirical studies were found, three of which were from Thai databases. Patenting does increase price, although the size of effect differs according to the methodology and country. Although weakening patent rights could increase present access, evidence suggests that strengthening patenting may benefit future access; although this is based on complex assumptions and estimations. Moreover, while patent protection appears to have a positive impact on trade flow, the implication for foreign direct investment (FDI) is equivocal. Empirical studies in Thailand, and other similar countries, are rare, compromising the robustness and generalizability of conclusions. However, evidence does suggest that patenting presents a significant inter-temporal challenge in balancing aspects of current versus future access to technologies. This underlines the urgent need to prioritize health research resources to assess the wider implications of patent protection.
关键词：Foreign Direct Investment ; Patent Protection ; National Health Insurance Scheme ; Intellectual Property Right ; Compulsory License