[Ip-health] The Implications of IP Protection on Access to Medicines: lessons from the Jordanian experience” Toronto, January 12, 2012

Jamie Love james.love at keionline.org
Tue Dec 20 10:28:24 PST 2011

*The Health Law, Ethics & Policy Seminar Series*

*presents *
Saad Abughanm

*“The Implications of IP Protection on Access to Medicines: lessons from
the Jordanian experience”** *

*Thursday, January 12, 2012*

12:30 – 2:00 p.m.

Faculty of Law, University of Toronto

84 Queen's Park, Falconer Hall, Solarium (FA2)

Toronto, Ontario, M5S 2C5

*Everyone is welcome to attend, no registration is required. ** *

*Co-sponsored by the Centre for Innovation Law &
** ** *


In 2000, Jordan signed the Agreement on Trade-related Aspects of
Intellectual Property Rights (the TRIPS Agreement) and a free trade
agreement with the US (USJFTA). Both commitments have required Jordan to
comply with various obligations, including full compliance with the minimum
standards for the protection of intellectual property rights (IPRs) under
the TRIPS Agreement and TRIPS-Plus IP standards set out under the terms of
the USJFTA. Enticed by views that strong IP protection would create
prosperity in the Kingdom by promoting technological innovation and
inducing transfer and dissemination of technology to Jordanians, Jordan
implemented the provisions of TRIPS and the USJFTA to the letter. However,
Jordan focused little attention on important “TRIPS flexibilities”. In
particular, Jordan has qualified parallel importation and limited the
grounds of compulsory licenses. In addition, Jordan provides pharmaceutical
testing data with data exclusivity.

This presentation focuses on the Jordanian experience in the pharmaceutical
sector. I argue that strong patent protection has not been conducive to the
promotion of technological innovation and the transfer and dissemination of
technology. Moreover, this protection has resulted in adverse outcomes such
as increased drug prices, unavailability of essential medicines in some
public hospitals for serious diseases, and a dwindling local pharmaceutical
industry, in part, as a consequence of its inability to access advanced,
patented technology on reasonable commercial terms.

The presentation also discusses the legitimacy of establishing certain
grounds of compulsory licensing by Jordan, even in light of the TRIPS-Plus
obligations under the USJFTA. I advocate that such grounds contribute to
the promotion of technical innovation, lead to the transfer of advanced
technology, and above all improve access to affordable medicines. Finally,
I explore Jordan’s obligations to protect pharmaceutical testing data under
TRIPS and USFTA arguing that neither of these two instruments requires data
exclusivity as claimed by Pharmaceutical Research and Manufacturers of
America (PhRMA) and some developed countries.


*Saad Abughanm*, LLB (University Jordan) 1997, LLM (University Jordan)
2004, SJD (University of Toronto) 2011.  Saad received his Bachelor degree
in Law from the University of Jordan. Following his graduation, Saad worked
for two Jordanian law firms as in-house legal counsel.  In 2004, he
graduated first in class with a LLM Degree in Intellectual Property Law
from the University of Jordan.  In 2005, he was contracted by the
Government of Jordan to work for the Telecommunications Regulatory
Commission of Jordan as Head of Postal Regulatory Department.  In 2007,
Saad became a member of the Private Law Department of the Faculty of Law,
University of Jordan, as a Research & Teaching assistant. In 2011, Saad
obtained his doctoral (SJD) degree at the Faculty of Law, University of
Toronto. His doctoral thesis is entitled: * “The Protection of
Pharmaceutical Patents and Data under TRIPS and US-Jordan FTA: Exploring
the Limits of Obligations and Flexibilities: A Study of the Impacts on the
Pharmaceutical Sector in Jordan."**    *Saad was a recipient of a Canadian
Institutes of Health Research (CIHR) fellowship in Health Law, Ethics and
Policy, 2009-2011.  In February 2012, Saad will return to Jordan to assume
a position as an Assistant Professor at the University of Jordan.

*A light lunch will be served.*

*For other upcoming seminars, see the schedule **online
*or contact **m.casco at utoronto.ca* <m.casco at utoronto.ca>* ** *

The Health Law Ethics and Policy Workshop series brings local, national,
international scholars and policy makers as guest speakers to the Faculty
of Law, University of Toronto to stimulate discussion of issues related to
the intersection of law with health care and related ethical and social
issues. The series is organized by the Faculty’s Health Law group and is
sponsored by the CIHR Training Program in Health Law, Ethics and Policy.
The training program addresses the global shortage of experts in the
multidisciplinary field of health law, ethics and policy by providing key
learning opportunities and competitive scholarships to outstanding Canadian
and international graduate students. For more information about the seminar
series and/or the training program, please visit our website at:

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