President, MFJ International, LLC, 555 13th Street, NW, Suite 300W, Washington, DC, 20004, USA, Tel: +1 202 223 7017, Fax: +1 202 223 7013, Email: mfjorge@mfjint.com

Received 30 January 2004.

Abstract

Governments face a difficult challenge to achieve a balance between the need to provide an incentive for investment in research and development of new drugs and access to affordable medicines. As the US Federal Trade Commission recently stated, a proper balance between competition and patent policies is necessary to promote innovation. Since the adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), trade agreements have changed intellectual property laws in many nations, emphasising the rights of patent holders. This paper calls into question the advantages to developing countries of stringent intellectual property protection, and recommends 11 measures to ensure a better balance between the interests of inventors, consumers and brand-name and generics companies.