TRIPS-Plus, Public Health and Performance-Based Rewards Schemes: Options and Supplements for Policy Formation in Developing and Least Developed Countries

This article provides an overview of the current global debate with relation to public health and access to medicines and its relationship with patent policy. It touches upon the flexibilities of the TRIPS Agreement and provide various utilization examples where such flexibilities have resulted in a positive impact on access to medicines and public health in both developed and developing countries. Although there has been extensive discussion in recent years focusing on the importance of incorporating the TRIPS Agreement’s flexibilities under national law, there has been little discussion about the options available to those countries that have already committed themselves to TRIPSPlus obligations. Taking this into consideration, this article will provide an overview of various examples whereby countries managed to limit the negative impact of TRIPS-Plus rules under their national legal regime through legal and institutional innovative approaches. Finally, this article will also allude to the global debate related to financing of public health care and will explore the viability of one supplementary scheme which could complement the patent protection regime in this regard, namely pay-for-performance scheme