Title: Balancing the right to know and the privacy of the patent system: a case study of oncology medicines in Thailand

Authors: Inthira Yamabhai; Richard D. Smith

Addresses: Health Intervention and Technology Assessment Program (HITAP), Department of Health, Ministry of Public Health, 6th Floor, 6th Building, Tiwanon Rd., Muang, Nonthaburi 11000, Thailand ' Faculty of Public Health and Policy, London School of Hygiene and Tropical Medicine, 15-17 Tavistock Place, London WC1H 9SH, UK

Abstract: This study aims to illustrate the processes to determine medicine patent status in developing countries by using oncology medicine in Thailand as a case study. From 88 active ingredients, 31 active ingredients were found to have been filed for patent protection in Thailand, while seven medicines were unable to be verified as being patented. Patent identification is very complex and time-consuming, which leads to the inability to identify patented medicine. As such, developing countries may therefore find that they pay more than required for some medicines simply due to this lack of information. Government authorities in developing countries should therefore strengthen their systems for gathering, validating and disseminating patent information for pharmaceuticals to ensure that disclosure is on par with the developed world.

Keywords: intellectual property rights; IPR; patents; patent search; verification; pharmaceuticals; cancer medicines; oncology medicines; developing countries; Thailand; patent status; patent protection.

DOI: 10.1504/IJIPM.2013.057623

International Journal of Intellectual Property Management, 2013 Vol.6 No.4, pp.272 - 284

Received: 26 Jun 2013
Accepted: 27 Jun 2013
Published online: 31 Mar 2014 *

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