Legal and policy foundations for global generic competition: Promoting affordable drug pricing in developing societies

Abstract

The so-called ‘TRIPS flexibilities’ restated in 2001 by the World Trade Organization's Doha Declaration on TRIPS and Public Health offer a variety of policy avenues for promoting global price-based competition for essential medicines, and thus for improving access to affordable medicines in the developing world. In recent years, developing countries and international organisations alike have begun to explore the potentialities of global generic markets and competition generally, and also of using compulsory licensing to remedy anti-competitive practices (e.g. excessive pricing) through TRIPS-compatible antitrust enforcement. These and other ‘pro-competitive’ TRIPS flexibilities currently available provide the critical leverage and policy space necessary to improve access to affordable medicines in the developing world.

Keywords:

• drug price competition
• generics
• access to medicines
• compulsory licensing
• antitrust enforcement

Disclosure statement

No potential conflict of interest was reported by the author.