Health Affairs

Health Affairs, 28, no. 5 (2009): w957-w968 (Published online 25 August 2009) doi: 10.1377/hlthaff.28.5.w957 © 2009 by Project HOPE	New Online   Getting Health Reform Done   After the State of the Union   Incremental Reform   E-Health in Developing World   Most-Read Articles in 2009

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A Trade Agreement’s Impact On Access To Generic Drugs

Ellen R. Shaffer and Joseph E. Brenner

Millions of people lack access to affordable medicines. The intellectual property rules in the Central America Free Trade Agreement (CAFTA) provide pharmaceutical companies with monopoly protections that allow them to market some drugs without competition by less costly generics. We examined availability of certain drugs in Guatemala and found that CAFTA intellectual property rules reduced access to some generic drugs already on the market and delayed new entry of other generics. Some drugs protected from competition in Guatemala will become open for generic competition in the United States before generic versions will be legally available in Guatemala.

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