Intellectual Property, Ethics and Legal Issues [CT031-3-2 IPEL]

Question
Article 27 of the TRIPS Agreement enables pharmaceutical companies to own a patent for
drugs (medicine), usually for up to 20 years. Patent protection and extensions are justified
because a large part of that (patent) period will have expired before marketing approval
is obtained from the public health regulatory bodies... (hence) a prolonged period of
protection can be obtained to compensate, at least in part, for this loss of the effective period
of protection (WTO, 2012) and companies practice evergreening, in which
pharma(ceutical) companies continuously extend the life of a patent by tweaking the drug
slightly. (Nature.com, 2012).
For the duration of patent protection, developing countries are prevented from importing or
producing (cheaper) generic drugs. As a consequence, many patients may be deprived from
affordable, potentially life-saving medication.
Should extension be considered for medicine patent protection, at the expense of public access
to affordable medicine? Debate your views, citing credible secondary research.
Instructions
1.

You are required to write your answer within the word limit of 2,000 words. This
limit excludes citations and references. In the event the maximum word limits are
exceeded, any part or parts of the answer in excess of the word limit will be disregarded.
2.
The following is a general guide as to the report layout:
(a)
Introduction: general identification of the legal issues that will be discussed;
(b)
Body: elaboration of the legal issues (identified at the Introduction stage)
and application of those legal issues; and
(c)
Conclusion: summary of the arguments presented and a persuasive conclusion.
3.
Your attention is also drawn to APUs regulations on plagiarism; these regulations
apply to this coursework. Any information taken from another source (e.g. lecture notes,
text books, Internet sites) must be referenced using the Harvard Referencing method.
4.
Please state the word count at the end of your answer.
Learning Outcomes
This assignment will assess:
1. Your ability to interpret the concept of Intellectual Property rights;
2. Your skills in researching and ability to articulate a critical appraisal of issues pertaining to
Intellectual Property protection; and
3. Apply your knowledge in Intellectual Property to address the problem put forth.

Level 2

Asia Pacific University of Technology & Innovation

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Intellectual Property, Ethics and Legal Issues [CT031-3-2 IPEL]

Assessment Criteria
This assessment will be marked based on the following criteria:CONTENT: Clarity and flow of information and the ability to consider the
salient issues within the constraints of the word limit
RESEARCH: Good and balanced research towards critical evaluation rather
than plain description. Appropriate and different sources must be reviewed,
focusing on academic research and not just secondary research from URLs.
LITERATURE REVIEW: Comprehensive analysis of selected texts and the
ability to support views presented with proper reasoning
REFERENCING AND CITATION: Use of Harvard Referencing method to
identify the source(s) of information.
OVERALL STRUCTURE: Effectiveness of overall report in relation to the
question & learning outcomes
TOTAL

40 marks
20 marks
20 marks
10 marks
10 marks
100 marks

Performance Expectation
Marks are awarded based on the following guidelines:
Grade
75% 100%

65% 74%

50% 64%

Below 50%

Level 2

Description of performance level

Good analysis of the problem situation. Comprehensive and convincing
analysis. Citations must be from at least 5 solid references and interesting
arguments are presented based on referenced sources. Arguments are coherent
and persuasive, based on reflective reading. Points are mature, supported with
valid explanation and good reasoning. Shows critical analysis, understanding,
thought and reflection of subject matter.
Sufficient points are raised with valid explanations, based on accurate
identification of issues. Arguments presented are adequate, based on selected
text and relevant areas of research. Citations must be from at least 3 solid
references. There is some critical analysis of problem and possible solutions,
reflecting understanding of subject matter.
Basic requirements fulfilled, reflecting some understanding of legal and
technological issues and possible solutions. Recommendations given may be
sweeping/general but based on selected text. Basic examples are used to
illustrate points. Arguments given are elementary and explanations may either
be unclear or unhelpful in clarifying points. Citations may be derived from
generic reference sources.
No understanding of the subject matter and failure to address the needs of the
question. Points are off-topic and are not related to selected text or areas of
research. No understanding of theories and concepts taught. Weak or nonexistent citation or referencing of sources.

Asia Pacific University of Technology & Innovation

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