Anti-Counterfeiting Trade Agreement and Access to Medicines in Developing Countries

Abstract

Background and Aim: Among the existing agreements to protect intellectual property rights, the Anti-Counterfeiting Trade Agreement (ACTA) has set the highest level of enforcement standards. This study tries to clarify and identify differences between the ACTA provisions and innovations with other international regulations and its effects on the universal access to medicines in developing countries. Materials and Methods: In this qualitative research, document analysis method was applied. By using this method and analyzing the characteristics of the ACTA regulations, we will discussed its effects on the universal access to the medicines and public health. Findings: ACTA negotiators have created an agreement that shifts international hard law rules and soft law encouragements toward making enforcement of intellectual property rights in courts and borders, less costly, and more deterrent in the level of penalties through omission of the felexibility of TRIPS Agreement, and required transprancy and participation. So that, it increases the risks and consequences of wrongful searches, seizures, lawsuits and other enforcement actions for those relying on intellectual property limitations and exceptions to access markets. This is likely to make affordable medicines more expencive and rare in many developing countries and threaten the public health. Conclusion: The ACTA must be interperated and performed so that the right of committed countries to health and access to medicines be protected; when access to some medicines requires to breach the intellectual property rights, intrernational inhibition and access to them should be prevented through a common accepted approach. Please cite this article as: Zahedi M, Erfanmanesh MH, Houshmand N. Anti-Counterfeiting Trade Agreement and Access to Medicines in Developing Countries. Bioethics Journal 2017; 7(25): 45-62.