File Name: doha declaration on trips and public health .zip
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. At the junction of the medical sciences, public health, economics, political science, business and law lies a fascinating crisis facing much of the developing areas of the world.
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. The provisions for protecting public health provided by the Doha Declaration and Paragraph 6 Decision are reviewed in terms of challenges for implementation, along with measures to protect intellectual property rights IPRs under selected regional and bilateral trade agreements. While provisions, in principle, were affirmed for member states under the TRIPS agreement to protect public health, numerous challenges remain.
Doha, 9 - 14 November DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH. 1. We recognize the gravity of the public health problems.
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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. Because of its far-reaching implications, particularly with respect to developing countries, the agreement has been one of the most controversial components of the WTO System.
When the Uruguay Rounds concluded in , many countries signed on to the trade agreements creating the World Trade Organization WTO in hopes of benefiting from a system of trade rules "dedicated to open, fair and undistorted competition" 1. Developing countries, major development agencies and civil society raised concerns over whether TRIPS might limit access to affordable, essential medicines. Oliveira et al. Have they, though, placed at risk the potential role of generic competition or weakened public sector negotiating leverage? To highlight an area of growing concern, the United States has prioritized the creation or expansion of "exclusive rights" over pharmaceutical test data in FTA negotiations 3. Under Article
Reaffirms that access to health care is enshrined in the Universal Declaration of Human Rights, and as such should be respected;. Any allegations of abuse of the provisions of TRIPs should be dealt with through the relevant disputes procedure;. Welcomes the efforts of the Commission to find an equitable solution to the problem stated in paragraph 6 of the Doha Declaration, but believes that the ongoing negotiations should not result in discrimination between WTO members with differing capacities to respond to public health problems,. Insists that the Commission must therefore respect the clarifications provided in the Doha Declaration and reject any position that would result in limitations regarding the scope of diseases or the countries that could make use of an effective solution to the problem defined in paragraph 6;.
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.
Author used legal research methods to get the result. Advice from author, firstly there should be legal reforms in Act Patent to enhance the article fully support access to public health, secondly their efforts to optimize pharmaceutical industry through appointment of other pharmaceutical industry to produce drugs Antiretroviral besides chemical pharma, thirdly government should enhance further technical provisions of compulsory licensing programs such as compulsory licenses, in order to assist the government to implement the mandate of the task in fulfilling rights of all people. Kapten Mukhtar Basri No. Surat Pernyataan dan Persetujuan. User Username Password Remember me.
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