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restriction on the patentability scope since it allows for the strategies utilized

in evergreening, including a slight different compound of medicines, or a
distinct method of consuming the medicine, to be patentable. A study by Thai

scholar detected a substantial cases of patents which claim novel uses for off-

patent pharmaceuticals or their compounds or a composition of off-patent
(36)
medicines with a novel amount of dosage taken per day. The Food and Drug
Administration of Thailand (FDA) and the Thai Department of Intellectual

Property (DIP) admits that, from 1999 to 2010, an astounding 72 percent of
(37)
granted patents are the showcases of evergreening.

B. Unilateral pressure from the developed countries

The countries in the South may also hesitate to completely incorporate

the TRIPS flexibilities due to pressure from the North with giant
pharmaceutical companies. The US Special 301 process serve as the best

example. It was created by the 1988 Omnibus Trade and Tariffs Act of the

United States. According to this Act, the US Trade Representative (USTR)
would list çpriority countries,é which are the countries that implement

the most burdensome or deplorable acts, policies, or practices which deny

satisfactory and efficient IP rights, or deny reasonable and impartial market
(38)
accessibility to the people of the United States.

(36)
Jiraporn Limpananont et al. çPharmaceutical Product Patent Database Development Project,é
Social Pharmacy Research Unit, Faculty of Pharmaceutical Sciences, Chulalongkorn
University (2004).
(37)
Sinfah Tunsarawut, çEvergreened Patents Cause Unwarranted High Drug Prices, Hinder
Growth Of Local Producers - NGOs, Thai Producers Claim,é Intellectual Property Watch,
2018, http://www.ip-watch.org/2018/05/07/evergreened-patents-cause-unwarranted-high-drug-
prices-hinder-growth-local-producers-ngos-thai-producers-claim/.
(38)
Title 19 of the United States Code, Section 2242(b)(1)(A).

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