Cardozo Public Law, Policy & Ethics Journal
Abstract
The note argues that the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has disproportionately favored developed economies, stifling the growth of local pharmaceutical industries in developing countries like South Africa. While TRIPS aimed to balance societal benefits with short-term costs, its strict patent protections have hindered the development of generic drug manufacturing and technology transfer in these regions. The analysis highlights that strong intellectual property rights alone do not drive foreign investment or industrial growth, as market size, infrastructure, and economic stability play more critical roles. The note advocates for a reformed approach to intellectual property regimes to address public health needs and promote indigenous industry growth.
Disciplines
Comparative and Foreign Law | Food and Drug Law | Intellectual Property Law | Law
Recommended Citation
Chenxi Jiao,
The Negative Effect of Pharmaceutical Patents on South African Industry,
5
Cardozo Pub. L. Pol’y & Ethics J.
655
(2007).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol5/iss3/6
Included in
Comparative and Foreign Law Commons, Food and Drug Law Commons, Intellectual Property Law Commons