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Complications in Implementing TRIPS

Flexibilities to Ensure Accessibility to

Pharmaceuticals

Dr.Saliltorn Thongmeensuk*

Abstract

The access to pharmaceuticals is significant to ensure the health
of†the public in both developed countries and developing countries, and

affordability is fundamental to make all-inclusive well-being a reality. Patent

protection impacts significantly in both affordability and availability of
pharmaceuticals. The TRIPS Agreement of the WTO, however, treats medicine

in the identical manner as other fields of inventions. The minimum standards

** Dr.Saliltorn Thongmeensuk attained her LL.D. specializing in intellectual property law from

Nagoya University in 2018 where she completed her dissertation on çthe Interplay between
the Systems of Patents and Plant Variety Protection: their Impacts on Plant Inventions-lessons
for Thailand.é During her period of study, she was a visiting researcher at the Max Planck
Institute for Innovation and Competition (Germany) in September 2017 and was an intern at
the International Institute for the Unification of Private Law: UNIDROIT (Italy) in February -
March 2018. She also obtained LL.M. specializing in international law from the University
of New South Wales in 2010. At present, she is a research fellow at Thailand Development
Research Institute: TDRI. Her specialization includes plant variety protection, intellectual
property protection of biotechnology and pharmaceuticals, patent law and logistics and

transportation law. She can be contacted at saliltorn.th@gmail.com.

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