Balancing or Lobbying? On the Access to Medicines and the European Parliament’s Amendments to the Proposed EU Trademark Rules

Acquah, Daniel Opoku

Abstract

Enhanced intellectual property rules are noted as among the forces limiting the global access to medicines. In the EU, it is the Border Measures Regulation that has caused major upsets for generic medicines making transit at its borders in the past. However, the Commission’s recent proposal for changes to the EU trademark rules promises another layer of restrain on access. In adopting the proposal, the European Parliament has moved to correct this syndrome by suggesting amendments that balance between intellectual property and public health. But, can that pass the influence of corporate lobbyist? This essay argues that for the sake of certainty (erasing all ambiguities), the European Parliament’s amendments are good law and should be maintained.


Keyword(s)

intellectual property rights; access to medicines; EU trademark rules; balancing; European Parliament

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