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(3)
share in the global pharmaceutical market. In contrast, the research

illustrates that developing countries generally demand more budget on
(4)
medical technologies per year. To put it another way, the lesser the domestic
income of the country is, the higher the spending on public health of the

population. Thus, for the developing countries, the slight added value of rigid
(5)
patent rights is not likely to exceed the costs of accessibility.

From the economic aspect, the optimum policy regarding patents in

developing countries would doubtlessly be the complete exclusion of patent

protection on pharmaceuticals, as many countries did so before the Agreement
(6)
on Trade- Related Aspects of Intellectual Property Rights (TRIPS Agreement)

entering into force. At present, such an exclusion is not an option for
developing countries, and is merely a temporary alternative for least-developed

countries. The TRIPS Agreement sets out a minimum standard for patent

protection, requiring all member states to provide patent protection on all field
(7)
of inventions, not excepting for pharmaceuticals.

(3)
Mohamad El Said and Amy Kapczynski, çAccess to Medicines: The Role of Intellectual
Property Law and Policy,é†Working Paper Prepared for the Third Meeting of the Technical
Advisory Group of the Global Commission on HIV and the Law (2011): 1-2 ;Misha Ketchell,
çThe Problem Drug Patents Pose for Developing Countries,é The Conversation, 2005, http://
theconversation.com/explainer-the-problem-drug-patents-pose-for-developing-countries-45667.
(4)
Saeed Ahmadiani and Shekoufeh Nikfar, çDARU Journal of Pharmaceutical Sciences,é†Challenges
of Access to Medicine and the Responsibility of Pharmaceutical Companies: a Legal
Perspective (2016).
(5)
Said and Kapczynski, çAccess to Medicines: The Role of Intellectual Property Law and
Policy,é†1-2.
(6)
Agreement on Trade-Related Aspects of Intellectual Property Rights in Marrakesh Agreement
Establishing the World Trade Organization, open for signature 15 April 1994, 1869 UNTS 229
(entered into force 1 January 1995) annex 1C, (TRIPSAgreement).
(7)
TRIPS Agreement, Article 27, requires its members to grant patent protection for any
category of innovations, either products or processes, in all fields of technology.

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