A Patent Policy Proposal for Global Diseases

Abstract

We are in the midst of a dramatic extension in the global reach of thepatent system. Public concern over the price of HIV/AIDS drugs in Africahas focused attention on this new global system and generated a debatebetween those who support the establisbment of strong patent laws toprotect pharmaceuticals in developing countries and those who, invarious ways, would weaken them. But the choice does not have to belimited to strong or weak. This article describes a policy that wouldimprove on the current patent regime by acknowledging the differences inpharmaceutical markets in rich and poor countries and what they implyfor optimal patent protection. It would lower the price ofpharmaceuticals in developing countries for a selected group of globaldiseases-those that, like cancer, affect people everywhere-whileallowing protection to increase where it is most likely to lead to thecreation of new products for diseases that affect primarily people indeveloping countries. The proposal requires no changes in internationaltreaties, no changes in the adoption in poor countries of patent systemsthat comply with membership requirements of the World TradeOrganization, and only minor changes in the patent laws of richcountries. Because the policy would be largely self-enforcing and useexisting institutions, it would cost very little to introduce oradminister and thus would not divert spending from other importanthealth and development projects.