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(42)
Agreement. Meanwhile, certain FTAs provide, for instance, that patent period

be prolonged to make up for the holder for çunreasonable curtailment of the
(43)
patent term as a result of the marketing approval process.é A research on

the case of Thailand-US FTA estimates that a decade extension of patent
(44)
rights can lead to the increase in the prices of medicines by 32%.

D. Non-patent barrier created by the protection of pipeline

production

Some of the mechanisms imposed by the WTO member countries can
be a threat to pharmaceutical accessibility since it greatly extended the period

of patent protection. For instance, in 1993, the Safety Monitoring Program

(SMP) was created in Thailand to guarantee the quality and safety of the

pharmaceuticals before putting them in the market. Through this program, a

drug would be placed under a premarketing protocol and available only in the
(45)
hospitals for a certain period of time. Essentially, during the premarketing

period, while waiting for marketing approval, the production of generic version
(46)
of such a drug was not allowed. Hence, the corporations enjoy marketing

(42)
For example, the EU-Jordan Association Agreement.
(43)
For instance, the US›Jordan FTA, Article 4.23(a) and the US›Morocco FTA, Article 15.
(44)
N. Kessomboon et. al., çImpact on Access to Medicines from TRIPS-Plus: a Case Study of
Thai-US FTA,é†Southeast Asian J Trop Med Public Health†41 (2010): 667.
(45)
Alan Adcock, Areeya Pornwiriyangkura and Clemence Gautier, çLife sciences in Thailand:
overview,é Practical Law: Multi-jurisdiction guide 2013 (2013).
(46)
Ibid.

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