An important challenge in sustainable development is promoting the creation of new medical technologies and ensuring their diffusion in developing countries. There is growing concern that, with the implementation of the World Trade Organization’s agreement on Trade Related Intellectual Property Rights (TRIPs), pharmaceutical patents will restrict access to medicines globally. Profit-oriented companies are now aggressively pursuing intellectual property protections in developing countries, many of which had previously not allowed product patents on drugs. The concern is that absent generic competition, patients will not be able to access life-saving medications. Recent attention has focused on a perhaps unlikely set of actors to help ameliorate the access to medicines problem: American research universities. A decade-old student movement has argued that universities own intellectual property rights on many important drugs, and has pushed for inclusion of “humanitarian licensing” clauses that would compel the pharmaceutical firms that license these technologies to allow generic access in developing countries. In this paper, I discuss the emergence and evolution of this student movement, and the set of patent policy changes that got us here. I also summarize data on the feasibility of these policies: for how many drugs would changes in university policies plausibly affect access? Next, I discuss the desirability of changing university licensing practices and the tradeoffs universities face when considering humanitarian licensing approaches. I conclude with a discussion of the limits of campus-level initiatives alone, and the potentially important role for research funding agencies, such as the National Institutes of Health, in promoting humanitarian licensing and access to medicines.
