File Name: doha declaration on the trips agreement and public health .zip
- TRIPS, the Doha Declaration and increasing access to medicines: policy options for Ghana
- Scrutinized: The TRIPS Agreement and Public Health
- THE DOHA DECLARATION OF THE WTO AND ACCESS TO MEDICINES
Metrics details. Despite these important clarifications, the actual implementation of these measures to improve access to medicines remains uncertain. There are also concerns that so-called TRIPS-plus measures within many regional and bilateral trade agreements are further undermining the capacity of the poor to access affordable medicines. The paper reviews policy debates among governments, nongovernmental organisations and international organisations from , and notably since , surrounding access to medicines and trade agreements.
TRIPS, the Doha Declaration and increasing access to medicines: policy options for Ghana
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It reaffirmed flexibility of TRIPS member states in circumventing patent rights for better access to essential medicines. These provisions in the Declaration ensure that governments may issue compulsory licenses on patents for medicines, or take other steps to protect public health. This decision created a mechanism to allow WTO members to issue compulsory licences to export generic versions of patented medicines to countries with insufficient or no manufacturing capacity in the pharmaceutical sector. The Ministerial Declaration stated:. A deadline of December 1, was set for members to accept the permanent amendment. For the amendment to be put into effect, at least two-thirds of members must formally adopt it. However, in order for the decision to have legal effect, two-thirds of the WTO's Members are required to ratify the agreement.
Scrutinized: The TRIPS Agreement and Public Health
There are acute disparities in pharmaceutical access between developing and industrialized countries. Many developing countries have recently modified their patent laws to conform to the TRIPS standards, given the deadline for developing countries. Safeguards to protect public health have been incorporated into the TRIPS Agreement; however, in practice governments may be reluctant to exercise such rights given concern about the international trade and political ramifications. This paper focuses on Ghana, a developing country that recently changed its patent laws to conform to TRIPS standards. We examine Ghana's patent law changes in the context of the Doha Declaration and assess their meaning for access to drugs of its population.
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial No Derivatives License, which permits for noncommercial use, distribution, and reproduction in any digital medium, provided the original work is properly cited and is not altered in any way. Critics argue that the TRIPS agreement provides unnecessarily strong protection of intellectual property rights which serves to prevent the ill in developing nations from having access to affordable essential medications. The first recommendation that this paper makes is to provide two sets of intellectual property protection, one that applies to essential medications such as AIDS drugs and certain antibiotics and another that applies to drugs that treat non-life threatening conditions. The second recommendation builds upon the first recommendation: if two sets of intellectual property protection legislation are enacted, patents on essential medications should be restricted to patents on processes rather than the product itself. The third recommendation seeks to amend the language of the TRIPS agreement to make it obligatory for member nations to implement provisions on compulsory licensing within their domestic legislation.
THE DOHA DECLARATION OF THE WTO AND ACCESS TO MEDICINES
This constitutes a response to widespread debates concerning the impacts of the TRIPS Agreement on access to drugs in developing countries. The Declaration on the TRIPS Agreement and Public Health Doha Declaration provides responses to some specific concerns concerning the implementation of intellectual property rights in the field of health. However, it only constitutes a partial answer to the question of access to drugs since it does not address the relevance and impacts of the introduction of product patents in the health sector. Patents constitute an incentive for the development of the private sector pharmaceutical industry.
TRIPS agreement and access to drugs in developing countries. The TRIPS Agreement brought about very important changes in international standards relating to intellectual property rights. Because of its far-reaching implications it is one of the most controversial components of the WTO system. In this article, the author states that as adopted, the implementation of paragraph 6 is unlikely to put strong pressure on patent owners to lower their prices or negotiate voluntary licenses. The author highlights that controversies are likely to continue, especially as developed countries seek TRIPS-plus protection via interpretation or negotiation of bilateral and regional agreements, and as patents over trivial developments are granted and used to block or delay generic competition.