Experience in pharmaceutical patent protection and related policies during 1992-2008 shows that patent protection has health and economic implications. Chart 1 presents a conceptual framework that illustrates the significant effects of patent protection. Patent protection has an impact on drug prices, with price being a building block of determining affordability and, therefore, access to existing medicines and industry investment in the introduction or development of new drugs. Higher prices would impede access, but would encourage the development of new drugs through a higher research and development budget that would allow patients to access new drugs in the future. Patent protection is also accompanied by foreign investment in domestic drug manufacturing facilities. Finally, as mentioned above, there are broader business relationships that may be affected by patent decisions and are completely unrelated to drugs. Maskus KE, Penubarti M: How are intellectual property rights commercial?. J Int Econ. 1995, 39 (3–4): 227-248.
However, the impact will be different in each country, as each nation has a different health system in terms of medical tradition, funding policy and support for generic entry and brand rights of physicians, pharmacists and clients. The marketing strategy is also different between pharmaceutical companies that, when the patent expires, often spend more on the intensity of advertising, which could explain at least some of the price increase after the patent. Drug prices appear to be generally dependent on several factors of supply and demand. For example, therapeutic benefit and the number of substitutes are both significant price determinants; Since the number of substitutes in a study increased from one to two, the ratio of the new drug price to the average market price decreased by an average of 38% . Kanavos and Vandoros (2011) also found that the age of the product had a significant and negative effect on prices . Hughes JW, Moore MJ, Snyder EA: “Napsterizing” Pharmaceuticals: access, innovation and consumer well-being. In 2002, on the other hand, Attaran (2004) proposed that the main obstacles be linked to the socio-economic status of the country, such as. B lack of production capacity or poor health systems . Its results show that only 17 of the 319 drugs on the WHO list for essential medicines are protected by patents. In addition, Borrell and Watal (2003) showed that the global conversion of all drugs under a patent-free patent regime would have increased the proportion of AIDS patients with access to new drugs from 0.88% to 1.18%.