TRIPS compliant patent law and pharmaceutical patent protection: Options for patent law reform in Bangladesh

"Before the creation of the World Trade Organization (WTO) in 1995, individual countries were free to determine their own patent laws. This position has now changed. A WTO Agreement, the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS Agreement), which is binding on all members, aims at establishing strong minimum standards for intellectual property rights (IPRs). Such minimum standards include the implementation of patent protection for pharmaceuticals. Bangladesh is a member of the WTO and as a least-developed country (LDC) has been granted until 1 January 2016 to facilitate the introduction of pharmaceutical patents under the TRIPS Agreement into its national intellectual property legislative regime. This thesis analyses options for implementing TRIPS-compliant patent law in Bangladesh with a focus on pharmaceutical patents. Brazil and India were in a similar position prior to becoming TRIPS compliant, so those countries’ experiences become an important basis for the analysis of the transition to TRIPS-compliance in pre-compliant countries. This thesis combines doctrinal analysis, comparative reviews and a mixed-method research approach to answer the research questions as identified for the study. The thesis examines two underlying research questions: 1. Using the experience of India and Brazil, what are the different options available to Bangladesh to change existing patent law to comply with TRIPS in the area of pharmaceutical patents? 2. Using the options identified, what changes to the Bangladeshi patent law will need to be made to balance both pharmaceutical innovation and access to medicines in Bangladesh? To answer research question one, the thesis used doctrinal analysis and comparative reviews and then to answer research question two it used an original survey instrument and interviews to examine the views of identified stakeholders such as commercial entities in the pharmaceutical industry, relevant regulatory bodies in Bangladesh, public-health groups and academics..."--Abstract.