Critically Analysis the Globalizing Standard of Patent Protection in the WTO Law and Its Impact on the Availability of Pharmaceutical Drugs in Bangladesh

Abstract

It is now a debatable matter and attention also increasingly been focused on the relationship between the patents and affordability and accessibility of essentials drugs. In fact after the introduction of the TRIPS it has been one of the most controversial WTO Agreement. Though it could bring some benefit for the developed countries but developing countries and LDCs would be net losers since they would be forced to pay higher prices for patent protected drugs. Least Developed Countries (LDCs) have an extension until 1st January 2016 to implement the pharmaceutical patent provision. This is very near to the end. Therefore the question is now arising in the global access to medicines debate, how far as a LDCs Bangladesh pharmaceutical industry can gradually evolve to provide low cost generics of important patented drugs to the people of Bangladesh and other Developing and LDCs if they implement TRIPS obligations. At present there is a clear tension between stakeholders like Pharmaceutical Companies, Government officials, Public health experts, and intellectual property academics regarding this issue. The aim of this article is to contribute to the debate on ratification of the impact of patent protection system on pharmaceuticals after highlighting relevant arguments on both sides for and against and finally there will be an analysis what could be the consequences if Bangladesh implement patent protection system on pharmaceuticals into its national legislation.