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Increasing access to medicines 159<br />

contribute to an environment in which new, better, more effective<br />

and efficient medicines replace older, less effective and efficient<br />

ones. Importantly, this environment is also one where access to<br />

such innovations can be encouraged through mechanisms of<br />

markets.<br />

One such mechanism is the provision of information about new<br />

medicines, through advertising and other marketing tools. By<br />

increasing demand for the medicine, such marketing sends a signal<br />

to other pharmaceutical companies that it may be worth investing<br />

in a competing product.<br />

More generally, IP protection in countries with incipient or extant<br />

knowledge-based industries is likely to spur economic growth, with<br />

positive consequences for the demand for medicines. 21 Weak IP laws<br />

enable the emergence of copy industries at the expense of innovator<br />

industries – with negative consequences for economic growth<br />

because the added value of the copy industries is typically lower than<br />

that of innovator industries. 22 In addition, innovator companies<br />

based in countries with strong IP protection will be less likely to<br />

engage in joint knowledge-oriented projects with firms in countries<br />

with weak intellectual property protection (Maskus, 2000).<br />

It is perhaps not surprising, then, that between 1997 and 2001,<br />

180 of the 184 new molecular entities were developed in the US, the<br />

EU and Japan, 23 where intellectual property protection is the<br />

strongest.<br />

In addition to providing incentives to local companies to invest<br />

in the development of innovative products, IP protection in poor<br />

countries may spur innovation by foreign companies to serve local<br />

needs (e.g. developing drugs and vaccines to treat and prevent<br />

tropical diseases) (Lanjouw, 1998). By contrast, countries that<br />

exploit their weak intellectual property regimes by threatening to<br />

issue compulsory licenses for drugs reduce the incentives to invest<br />

in such research and development (Rozek, 2000).<br />

The contrasting cases of India and Singapore shed some light on<br />

the link between strong intellectual property legislation and innovation.

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