An Analysis of the Impact of TRIPS' Special Exemption for LDCs on the Bangladesh Pharmaceutical Industry

摘要

Following the enforcement of the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), all WTO members were required to introduce a "TRIPS compatible patent law (including product patents)" in their countries. However, a grace period was granted to LDCs, including Bangladesh, in this regard. Today, Bangladesh is exempted from introducing product patents until 2033 owing to TRIPS' special treatment. Different from other LDCs, Bangladesh has a strong pharmaceutical industry, and domestic pharmaceutical companies occupy the majority of Bangladesh's pharmaceutical market. This study will analyze the impact of TRIPS' special treatment for LDCs on the Bangladesh pharmaceutical industry. The special exemption of TRIPS allows Bangladesh's pharmaceutical companies to imitate brand name drugs that are patent-protected in other countries, and to sell these drugs in both domestic and overseas markets. However, the level of technology in many Bangladesh pharmaceutical companies is not advanced. Only a few Bangladesh's firms can export their products to advanced markets. Moreover, rapid economic development of the Bangladesh economy might cause a reconsideration of LDC status of Bangladesh in the future. Based on statistical data analysis and a series of interviews with stakeholders in Bangladesh, this study will first observe the current status of Bangladesh's pharmaceutical industry, and thereafter analyze the impacts of TRIPS on the market.