Importance of Medicines

Question: Write an essay on Importance of Medicines. Answer: The Doctors Without Border or the Medecins Sans Frontieres (MSF) is a humanitarian and international body that delivers medicines to people who are affected by epidemics, conflicts or armed force, on an emergency basis. They provide services to more than 70 countries all over the world, especially at the time of emergencies. They started an international campaign against HIV in the year 200 by giving medicines to people who are inflicted with HIV. They spread their work in more than 23 countries all over the world. MSF relies on a generic drug for the treatment and cure of people who are inflicted with malaria or tuberculosis. The MSF was the first international organization that was concerned with the implications of the demands that United States were making in the TPP negotiations. This was the first body that opposed to the TPP knowing the implications it would have on the overall price rate of medicines. Expansion of TPP across the Nation: The United States, Japan, and ten other countries that reached a consensus on the TPP had recently come together to discuss the spread of TPP across nations. The countries have met several times to increase their influences by adding countries such as Korea and Taiwan into their league. The main aim of TPP was to ensure participation of all the other countries by signing the agreement. The several meetings of TPP were aimed at bringing about more and more countries together for signing the provisions contained in the TPP. South Korea and Taiwan, with an interest in joining the treaty, have started their negotiations with other members. As far as Japan is concerned, the main issue that Japan has regards their electronics and automobiles. Amongst the Asian countries, those who have expressed their willingness in joining TPP are Thailand, Philippines, and Indonesia. Lowering barriers to trade gives a kick start to industries who have invested a great deal of money in starting their busi ness. The investors prefer risking huge amount of capital for the growth of their business in the field of intellectual property rights, for example, the pharmaceutical industry. A regional free trade agreement will help in widening the market and this, in turn, would increase the capital investments and create employment. Patients and consumers will also be subject to gain. Jobs all over the world are increasing with the increase of innovation in the pharmaceutical industry. The importance of business and a good intellectual property protection shall is important for the contribution towards the world economy and this it is important to obtain the details of the TPP. In Europe, the field of biomedical innovation had taken place once. However, the innovation dried and it reached to America. Since then a good protection over the intellectual property innovation has led to the growth and development of business in the field of intellectual property rights. However, not every nation is as firmly committed towards the formation of TPP agreements as some countries, especially the developing countries have a belief that it shall lead to the increase in the cost of medicines. The main aim of TPP is to include the involvement of as many countries as possible. China is yet to become a member of the TPP agreement and so America should remain firm in its position by allowing more and more people to be a part of the TPP agreement. Secret Negotiations: The MSF has opposed the secrecy of discussions that were being conducted by the TPP. The main opposition was from the stakeholders, civil society and MSF and these organizations relied on the texts that were leaked by the TPP negotiations. The closet door negotiations of the TPP sessions have gone through many criticisms from some of the members of the U.S Congress, consumer members and advocates of public health. These groups have requested the administration of U.S to increase transparency through the negotiations of US and have required for making the texts and positions related to the agreement public. The countries have declared that the trade negotiations were conducted in private, and this was a part of gambling process. The opponents of TPP have argued that since the negotiations took place in private the negotiators could not do the job properly and efficiently. The negotiators of the TPP have held that if too much information is leaked out, then they might not be able to ac hieve the aim for which the agreement was made. Traditionally, two arguments are held about the negotiations of TPP, firstly, that it was a secret negotiation that had taken place between business people and secondly that it was retrained to only those countries that had much knowledge about the expansion of business in the field of pharmaceuticals. The data were known to people, and the background of each country was also known to people hence, the negotiations were kept secretive so that the implementations of such negotiations become easy to carry out. Such tactics have less likelihood of becoming successful and especially when developed countries are involved. However, there is an argument that is in support of the trade negotiations that were held in public. It was said that if the trade negotiations did not take place in public then the deal would have fallen apart. Since people are arguing about the deal that was held in private, it means that the negotiations were not succes sful in keeping it away from examination and investigation. The demands and its effect on the price of medicines: Biologics mean treatments that are introduced using biological sources. The biological sources mean and include proteins, monoclonal antibodies, and antitoxins. These sources can be used for the treatment of diseases ranging from cancer to Ebola. As per the sayings of Brooking Institution, biologics are much more structurally complex than the regular drugs and are more complex and difficult to make. A biologic medicine, on an average, costs 22 times more than a nonbiologic medicine. It is because of such high prices of biologic medicines. Companies aim for manufacturing similar copies of such drugs so that they are available at a lower price for those who cannot afford it. The companies tried to solve the problem related to the cost of biologic medicines by making similar versions of such drugs that shall be available at a lower price. This shall be similar to the generic version of drugs. However, it was seen that the United States was protective about this, and they wished to paten t the inventions that were made in the field of biologics, thus increasing the overall price of the medicines. Societies have suffered a lot at the cost of long-term innovations for short term expenses. This is called "monopoly pricing." The costs are estimated according to the amount that is spent on the treatment of people. The expenses that are incurred on people are spent based on the disease that people have gone through. For example, to cure the last stage of cancer shall be more expensive to cure the first stage of cancer. The cost is calculated based on the amount that is spent on the innovation of the drug used to cure cancer. People obtain patents over the drugs that were made for the treatment of cancer, and this makes the price of the cancer medicine high. Infrastructure capacity and fair distribution of work also contribute to the increasing of the cost of medications. The medicines are made costly, and the third world countries do not have access to those medicines or drugs. In the developing countries, enough resources are not available that will help in the distribution of medicines and health care. The reason behind this is that countries do not have sufficient capital that shall help in the growth and support of medicines and health care. Thus, the people who are the part of the developing countries have to incur the heavy prices of medicines and drugs. This has resulted in about 20 million deaths per year and about 55 persons on a daily basis. Before the TRIPS had come into existence, the states could formulate their laws relating to intellectual property. However, later on with formation of TPP states were bound to follow the universal laws that existed for the protection of intellectual property rights. The developing nations were never in support for granting patent protection over pharmaceutical and drugs and the reason behind this is that the developing nation knew that this would increase the cost of medicines and decrease the accessib ility of medicines. Compliance with the TRIPS Agreement can prove to be fatal for the developing nations as this would increase the cost of medicines and people would be seen dying at an alarming rate. Hence, with the formation of TPP and TRIPS the developing nations are worried about the accessibility and cost of medicines as they are the ones who are the most vulnerable to diseases and require easy access to medicines. The Role of Intellectual Property in blocking Access to Affordable Medicines: Before the World Trade Organization had come into force, countries had the authority to shape their intellectual property rights as per which they could not grant patents over pharmaceuticals. The laws in other countries related to intellectual property rights were flexible, and they did not protect the medicines that were made for the treatment of people. It was for this reason that there was a price hike in the medicines, and the common people could not afford the high price of the medicines. The patent system in medicines is a very old concept, and this has become the most controversial topic in the recent years. Intellectual Property means the grant of lawful orders to give biased rights to the creators of invaluable assets. The asset may be in two forms, literary or artistic or inventions or signs. Hence, the aim of seeking protection over intellectual property rights is to secure the inventions that people make. Copyright provides protection to idea and imagination. It provides protection to aesthetically pleasing ideas. However, copyright does not provide protection to ideas it provides protection to the appearance of ideas. Protection of industry property means protection that is granted over designs and signs that have the capability of being used in the industrial field. Examples of industrial property include trade name, trademark, and unique signs. Hence, the main focus of patent is to provide protection for innovations and inventions over which humans have used their intellect. An idea helps in solving problems that are related to technical issues. Patents are the grant of exclusive rights for the protection of innovations that people have made. The patents have originated firsts in the Venetian Decree in the year 1474. The protection that is provided by the patent is given for a restricted period and to the special use of the innovation. The word "use" means the right of the innovator to exploit, sells, or prohibit third parties from using the inn ovation without their permission. Patent law is an outcome of industrial and technical needs. In Europe, the patent law was started for internationalizing local industries. The technological development in a country is a proof of the fact that patent law is an innovation of the past and it has helped in the growth of technological industry. Countries had the liberty for formulating their own patent law depending on the growth and success of the country. Countries have made patent laws that shall help them in the evolution of their technological needs. It has however become an accepted fact that the grant of special rights over innovation leads to better economic growth of the country, however, this leads to destruction of lives of the people. This is the cost people have to pay for protection of innovation made in the pharmaceutical industry. The patent rights may be therefore termed as monopoly. One thing that is acknowledgeable is the economic effects of the TPP. In fact, the most discussed feature that is talked about since the establishment of TPP is the effect of the prices it shall have. It was for this reason why data protection over biotic drugs had become one of the most debated topics in the recent. Data protection over biotic drugs was in focus for many reasons. Firstly, it talks about matters that are sensitive to human life. Secondly, the medicine industry depends on a great deal on costly research for the innovation of new products. This is doubled with the notion that chemical goods are not easy to duplicate. The popular instance of Martin Shkreli demonstrates to us how the present control frameworks drive disparity between protected innovation rights and right to wellbeing. Martin Shkreli, is the organizer of Turing Pharmaceutical. He was effective in getting rights to Daraprim, a 62 years of age nonexclusive medication utilized generally to cure, jungle fever, toxoplasmosis and AIDS. In the wake of getting the right, he expanded the cost per measurements from $13.50 to $750. Shrekli defended this expansion in rate by saying that individuals don't pay for medicines of the medication. Martin advocated this by just expressing, "I am an entrepreneur." He advance expressed that he has done this to make an enormous pharmaceutical organization. Daraprim is a non-specific, implying that the patent right over that specific medication is finished and now is accessible in the general population area for use. Shrekli burned through $55 million to get the privilege to offer Dara prim. He secured this assent from the Food and Drug Administration (FDA). For the most part getting the FDA endorsement is a moderate procedure, particularly in situations when the FDA turns out to be certain of the way that there are odds of acquiring duplicates of the same pharmaceutical. Shrekli turned out to be certain that there are no comparative duplicates of the Daraprim in the pipeline and that he could secure restraining infrastructure over the medication called "Dara prim." On account of Pfizer Inc v. Universe Limited, the Court held that there was no affirmation that the patent had fizzled and that the reestablishment did not go before. The patent was an enrolled patent and the Kenyan Government conceded insurance. Universe raised a substitute protection that it held the power to offer, promote, exchange or send to another country the item with the consent of Pfizer. The authorization was conceded under segment 58 (2) of the "Mechanical Property Act." Universe further expressed that the protected item was effectively accessible in Kenya that it was foreign made from India, China, and Bangladesh. In this manner, the item over which Pfizer needed insurance was at that point accessible in the general population space for open use. The Impact of TRIPS: The effect of patenting pharmaceutical products on access to medicines in the developing countries is very recent, and many of the developing nations have disliked the idea of patenting medicines and the process of patenting medicines By restricting the grant of using drugs to the public, a monopoly power is created that allows the blocking of price possible and this, in turn, raises the prices of medicines. Evident have shown that the effect of TRIPS and patenting of pharmaceutical products have restricted promotion of innovation in the field of pharmaceuticals. Recommendations and Conclusion: There is a need to review the existing policies that exist in the area of pharmaceutical industry, for the protection and decrease in the price hike of medicines. The TPP would give large pharmaceutical firms new rights and powers to build medication costs and point of confinement buyers' entrance to less expensive nonexclusive medicines. This would incorporate augmentations of restraining infrastructure drug licenses that would permit drug organizations to raise costs for more meds and even allow syndication rights over surgical methodology. For individuals in the creating nations required in TPP, these guidelines could be fatal-denying buyers access to HIV-AIDS, tuberculosis and tumor drugs. TPP would engage outside pharmaceutical partnerships to specifically assault our household patent and medication evaluating laws in foreign tribunals. Officially under NAFTA, which does not contain the new guidelines proposed for TPP, sedate firm Eli Lilly has dispatched such a body of evidence against Canada, requesting $100 million for the administration's requirement of its patent measures. The TPP would likewise enable outside partnerships to straightforwardly challenge local toxics, zoning, cigarette and liquor and other general wellbeing and ecological arrangements to request citizen remuneration for any such approaches that undermine their normal future benefits. Regularly activities to enhance such laws are chilled by the negligible recording of such a "financial specialist state" case. In different occasions, nations take out the assaulted strategies. For example Canada lifted a prohibition on a gas added substance officially banned in the U.S. as a suspected cancer-causing agent after a financial specialist assault by Ethyl Corporation under NAFTA. 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