Intellectual Property Rights and Access to Essential Medicines in Thailand: A Post-TRIPS Analysis

Abstract

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has significant implications for access to affordable medicines in developing countries. This paper examines Thailand's experience in balancing intellectual property rights (IPR) obligations under TRIPS with public health needs, focusing on access to essential medicines. Using a doctrinal legal analysis combined with case studies of compulsory licensing for HIV/AIDS and cancer drugs, the research analyzes Thailand's legal framework, including its Patent Act and the use of flexibilities under TRIPS. The findings reveal that Thailand has made notable use of compulsory licensing to improve access to affordable medicines, but has faced significant pressure from pharmaceutical companies and trading partners. The study also finds that the Thai government's use of TRIPS flexibilities has been constrained by bilateral trade agreements and political considerations. The paper argues that while TRIPS provides some policy space for developing countries, the effective utilization of these flexibilities requires strong political will, technical capacity, and international solidarity. It recommends that Thailand and other developing countries continue to advocate for a more balanced international IPR regime that prioritizes public health.