Intellectual Property Rights, Trade and Access to Medicines: From Uruguay Round to USMCA

Production and distribution of therapeutics, such as medicines, vaccines and diagnostics are governed by intellectual property rights (IPRs). Prior to the Marrakech Agreement, each country established its own rules for the duration, scope and enforcement of patents. The TRIPS Agreement standardized these three elements, leaving limited room for maneuver in the implementation of public-health-related policies. Implementation of the IPR system in the developing world has, however, varied, depending on the structure of the pharmaceutical industry of the country in question, shaped over the decades by foreign direct investment and State investment in science and technology. This article discusses the implementation of the IPR system in Mexico, from the reforms required for the approval of NAFTA up to the signing of the USMCA by the Mexican Senate.