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Relevant bibliographies by topics / Doha Declaration on the TRIPs Agreement and Public Health

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Academic literature on the topic 'Doha Declaration on the TRIPs Agreement and Public Health'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 July 2024

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Journal articles on the topic "Doha Declaration on the TRIPs Agreement and Public Health"

1

Abbott, Frederick M. "The WTO Medicines Decision: World Pharmaceutical Trade and the Protection of Public Health." American Journal of International Law 99, no. 2 (2005): 317–58. http://dx.doi.org/10.2307/1562501.

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On November 14,2001, the Ministerial Conference of the World Trade Organization, meeting in Doha, Qatar, adopted the Declaration on the TRIPS Agreement and Public Health (Doha Declaration). The declaration affirms that the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights “can and should be interpreted and implemented in a manner supportive of WTO Members’ right to protect public health and, in particular, to promote access to medicines for all,” and it reaffirms that the Agreement “provide[s] flexibility for this purpose.” The Doha Declaration mandated further negotiation

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2

Yu, Peter K. "Access to Medicines, BRICS Alliances, and Collective Action." American Journal of Law & Medicine 34, no. 2-3 (2008): 345–94. http://dx.doi.org/10.1177/009885880803400210.

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On December 6, 2005, shortly before the World Trade Organization (“WTO”) Ministerial Conference in Hong Kong, WTO member states agreed to accept a protocol of amendment to the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPs Agreement”). This amendment sought to provide a permanent solution to implement paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (“Doha Declaration”). If ratified, the new article 31bis of the TRIPs Agreement will allow countries with insufficient or no manufacturing capacity to import generic versions of on-patent phar

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3

Lybecker, Kristina M., and Elisabeth Fowler. "Compulsory Licensing in Canada and Thailand: Comparing Regimes to Ensure Legitimate Use of the WTO Rules." Journal of Law, Medicine & Ethics 37, no. 2 (2009): 222–39. http://dx.doi.org/10.1111/j.1748-720x.2009.00367.x.

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The tension between economic policy and health policy is a longstanding dilemma, but one that was brought to the fore with the World Trade Organization’s (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement in 1994. The pharmaceutical industry has long argued that intellectual property protection (IPP) is vital for innovation. At the same time, there are those who counter that strong IPP negatively impacts the affordability and availability of essential medicines in developing countries. However, actors on both sides of the debate were in agreement that something neede

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Shanker, Daya. "The Paragraph 6 Solution of the Doha Public Health Declaration and Export under the Trips Agreement." Journal of World Intellectual Property 7, no. 3 (2005): 365–400. http://dx.doi.org/10.1111/j.1747-1796.2004.tb00212.x.

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Simonyan, Ani. "International Patent Law Conflicts With the Right of Access to Medicines and Healthcare: Key Aspects." Bulletin of Yerevan University C: Jurisprudence 14, no. 2 (39) (2023): 131–41. http://dx.doi.org/10.46991/bysu:c/2023.14.2.131.

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This article is dedicated to the legal conflicts between international patent law and the right ofaccess to medicines and healthcare. This article discusses the problem above under the light ofthe framework of the international agreements, mainly WTO Agreement on Trade-RelatedAspects of Intellectual Property Rights (TRIPS Agreement) and Doha Declaration on the TRIPSagreement and public health. As we know, patents give exclusive rights to the inventors to usetheir innovations for a long period of time. This limits the ability of public to get easy access tomedications, consequently to indispens

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6

Abbott, F. M. "The Doha Declaration on the TRIPS Agreement and Public Health: Lighting a Dark Corner at the WTO." Journal of International Economic Law 5, no. 2 (2002): 469–505. http://dx.doi.org/10.1093/jiel/5.2.469.

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7

Vandoren, Paul, and Jean Charles Eeckhaute. "The Wto Decision on Paragraph 6 of the Doha Declaration on the Trips Agreement and Public Health." Journal of World Intellectual Property 6, no. 6 (2005): 779–93. http://dx.doi.org/10.1111/j.1747-1796.2003.tb00242.x.

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8

Bartelt, Sandra. "Compulsory Licences Pursuant to Trips Article 31 in the Light of the Doha Declaration on the Trips Agreement and Public Health." Journal of World Intellectual Property 6, no. 2 (2005): 283–310. http://dx.doi.org/10.1111/j.1747-1796.2003.tb00202.x.

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9

Hakim, Luqman. "Implementasi Lisensi Wajib TRIPs Agreement dalam Produk Farmasi di Negara Swedia." Jurnal Hukum Lex Generalis 4, no. 1 (2023): 28–58. http://dx.doi.org/10.56370/jhlg.v4i1.349.

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Perlindungan paten pada jenis obat-obatan sebelum dan pasca perjanjian TRIPs secara menjadi perbincangan terkait dengan antara paten obat dan akses masyarakat umum terhadap obat-obatan. Obat tersedia, tetapi standar kualitas mutunya kurang baik karena dipalsukan atau diproduksi tanpa pengawasan mutu yang kredibel sehingga berbahaya. Implementasi lisensi wajib TRIPs terhadap obat-obatan di negara Swedia dilaksanakan merujuk kepada Undang-Undang Paten Negara Swedia (Swedia Patentkungörelsen 1967). Mengenai lisensi wajib TRIPs Agreement oleh pemerintah di Swedia sudah sesuai dengan Paragraf 6 Doh

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Bhattacharjee, Abhishek Rajesh, Shreya Das, and Stuti Aastha. "Patenting Essentials: Pharmaceutical Boon or Bluff?" Asian Journal of Science and Applied Technology 9, no. 1 (2020): 38–46. http://dx.doi.org/10.51983/ajsat-2020.9.1.1046.

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Lack of availability of medicines can be attributed to various reasons, but the most important and essential one is the high prices of these drugs. The exorbitant prices of drugs are due to the Intellectual Property protection granted to such drugs. It is a huge responsibility for the governments of various countries to keep the prices of medicines low so that the commoners are benefitted. This responsibility is much more on the government of an emerging country. Many times, it has been seen that governments come under immense pressure exerted by the developed & the industrialized countrie

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Dissertations / Theses on the topic "Doha Declaration on the TRIPs Agreement and Public Health"

1

Enga, Kameni Innocent. "TRIPS and the WTO August 2003 deal on medicines: is it a gift bound in a red tape to developing countries." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Karlsbakk, A. "Patents versus patients : global governance and the role of civil society in South Africa's quest for affordable drugs." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50414.

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Thesis (MA)--Stellenbosch University, 2005.<br>ENGLISH ABSTRACT: This thesis is an explanatory study into civil society's increased influence in global governance. More specifically this situation is examined by looking at the generic medicine debate that came in the wake of the passing of the Medicines and Related Substances Act by the South African government in 1997. This debate gained worldwide attention and touched some of the prevailing inequalities between the developed world and the developing world in our globalised society. The research question that is addressed here is to what

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3

Law, Andrew. "Patents and public health legalising the policy thoughts in the Doha TRIPS declaration of 14 November 2001." Baden-Baden Nomos, 2008. http://d-nb.info/991006232/04.

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Law, Andrew. "Patents and public health : legalising the policy thoughts in the Doha TRIPS declaration of 14 November 2001 /." Baden-Baden : Nomos, 2009. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=9783832940782.

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5

Adesola, Eniola Olufemi. "Compulsory patent licensing and access to essential medicines in developing countries after the Doha Declaration." Thesis, 2014. http://hdl.handle.net/10500/18795.

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In 2001 the Declaration on the TRIPS Agreement and Public Health (‘Doha Declaration’), affirmed the right of member states of the World Trade Organisation (‘WTO’) to interpret and implement the TRIPS Agreement as supportive of the protection of public health and, in particular, access to medicines. While initially well-received, consternation soon arose over the interpretation of a specific paragraph in the Doha Declaration dealing with compulsory licensing. After a further two years of deliberation, the WTO Decision on the Interpretation of Paragraph 6 (‘Paragraph-6 Decision’) was announced i

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Ndlovu, Lonias. "Access to medicines under the World Trade Organisation TRIPS Agreement: a comparative study of select SADC countries." Thesis, 2014. http://hdl.handle.net/10500/14185.

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Despite the adoption of the Doha Declaration on the TRIPS Agreement and Public Health in 2001, which unequivocally affirmed WTO members’ rights to use compulsory licences and other TRIPS flexibilities to access medicines, thirteen years on, developing countries and least developed countries are still grappling with access to medicines issues and a high disease burden. Despite some well researched and eloquent arguments to the contrary, it is a trite fact that patents remain an impediment to access to medicines by encouraging monopoly prices. The WTO TRIPS Agreement gives members room to legisl

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7

Andrade, Camille de Oliveira. "Da liberalização do comércio ao encorajamento da inovação médica pelo direito da organização mundial do comércio : o acesso a medicamentos e outras tecnologias médicas à luz do acordo TRIPS." Master's thesis, 2020. http://hdl.handle.net/10400.14/33647.

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A elevação da proteção legal da propriedade intelectual ao plano do comércio internacional, via Acordo TRIPS, acentuou o clássico conflito entre a inovação e o acesso, em especial no campo farmacêutico e médico. Foi provocada uma revolução na transferência informal de tecnologia e no licenciamento obrigatório. O Direito da OMC, norteado pelo princípio da proteção exclusivamente aduaneira, tradicionalmente legitima barreiras ao comércio, contra a lógica da OMC, enquanto medidas de proteção da saúde pública. Em contraste, a solução de Doha, convertida em Emenda ao Acordo TRIPS sob o Artigo 31bis

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Books on the topic "Doha Declaration on the TRIPs Agreement and Public Health"

1

Correa, Carlos María. Implications of the Doha declaration on the TRIPS agreement and public health. World Health Organization, Essential Drugs and Medicine Policy, 2002.

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2

Debons, Séverine. La Déclaration de Doha et l'Accord sur les ADPIC: Confrontation et sens. Institut universtaire d'études du développement, Service des publications, 2002.

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3

Law, Andrew. Patents and public health: Legalising the policy thoughts in the Doha TRIPS Declaration of 14 November 2001. Nomos, 2009.

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4

South Africa. Department of Trade and Industry. International Trade and Economic Development Division. NEDLAC, 22 November 2001. Department of Trade and Industry, International Trade and Economic Development, 2001.

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5

Network, Third World. Implementation-related issues in the WTO: A possible way forward. Third World Network, 2009.

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6

Ellen F.M. 't Hoen. The global politics of pharmaceutical monopoly power: Drug patents, access, innovation and the application of the WTO Doha Declaration on TRIPS and public health. AMB Publishers, 2009.

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7

Chidyausiku, Boniface Guwa. African prospects on paragraph 6 of the declaration on the TRIPS Agreement and public health. COMESA, Regional Integration Research Network Project, 2003.

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8

Patents and public health: Legalising the policy thoughts in the Doha TRIPS Declaration of 14 November 2001. Nomos, 2009.

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Book chapters on the topic "Doha Declaration on the TRIPs Agreement and Public Health"

1

Correa, Carlos M. "Interpreting the Flexibilities Under the TRIPS Agreement." In Access to Medicines and Vaccines. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83114-1_1.

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AbstractWhile the TRIPS Agreement provides for minimum standards of protection of intellectual property, it leaves certain degree of policy space for WTO members, whether developed or developing countries, to implement the Agreement’s provisions in different manners, to legislate in areas not subject to the minimum standards under the Agreement, and to develop legal interpretations of such provisions to determine the scope and content of the applicable obligations. This paper focuses on some aspects of how panels and the Appellate Body of the WTO have interpreted said provisions. The paper also draws general conclusions for the implementation of TRIPS flexibilities, which are of crucial importance for the design of a pro-competitive intellectual property system and, in particular, for achieving public health objectives, as specifically recognized by the Doha Declaration on TRIPS and Public Health.

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2

Vawda, Yousuf A. "Compulsory Licenses and Government Use: Challenges and Opportunities." In Access to Medicines and Vaccines. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83114-1_3.

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AbstractThe compulsory licensing and government use flexibility is potentially the most powerful tool available under the TRIPS Agreement, as amplified by the Doha Declaration, to advance public health objectives. Yet, many lower and middle income countries have shown an apparent reluctance to both incorporate them into their national legislation and then utilise them—except in a relatively small number of cases. This contribution analyses the circumstances surrounding this phenomenon. It outlines the context, historical roots of compulsory licensing and its inclusion on the TRIPS Agreement, recent examples of its utility including in two sub-Saharan countries affected by HIV/AIDS, and offers some recommendations. Among the propositions advanced are that the use of such flexibilities is not an insurmountable problem (as the case of Zimbabwe illustrates) and that in the longer term, public health objectives are best advanced by, among others, amending the TRIPS Agreement to exempt health technologies from the ambit of intellectual property protection, and new, alternative models for rewarding innovation in this field of technology being introduced.

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3

Gamharter, Katharina. "Emergence of a New Approach: The Declaration on the TRIPS Agreement and Public Health." In Access to Affordable Medicines. Springer Vienna, 2004. http://dx.doi.org/10.1007/978-3-7091-0545-0_3.

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4

"Declaration on the TRIPS Agreement and Public Health." In After Doha: The Changing Attitude and Ideas of the New WTO Round. Brill | Nijhoff, 2002. http://dx.doi.org/10.1163/9789004479777_005.

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5

Cameron, Edwin, and Jonathan Berger. "Patents and Public Health: Principle, Politics and Paradox." In Proceedings of the British Academy, Volume 131, 2004 Lectures. British Academy, 2005. http://dx.doi.org/10.5871/bacad/9780197263518.003.0012.

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This lecture discusses how patent protection has been used in order to limit access to essential medicines. It considers how patents can be justified and shows how and why the ‘principle of balance’ has been subverted by the discourse of property rights. This principle lies at the heart of patent protection. The lecture concludes with a consideration of the Declaration on the TRIPs agreement and public health, which is also known as the Doha Declaration. It also presents an analysis of the inaction on the part of developing country governments, which have largely failed to take advantage of the breakthrough achieved at Doha.

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6

"From Paris to Doha: The WTO Doha Declaration on the TRIPS Agreement and Public Health." In Negotiating Health. Routledge, 2012. http://dx.doi.org/10.4324/9781849772082-11.

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7

Stewart, Terence P. "Comparison of Draft Trips Agreement and Public Health Declarations." In After Doha: The Changing Attitude and Ideas of the New WTO Round. Brill | Nijhoff, 2002. http://dx.doi.org/10.1163/9789004479777_010.

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8

Watal, Jayashree. "Balancing Market and Non-Market Objectives." In The Oxford Handbook of International Trade Law (2e), 2nd ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/oxfordhb/9780192868381.013.25.

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Abstract Lack of access to medicines could be either because they are not available or because even when available, they are not affordable to most patients in a country as the prices are disproportionately high compared to average income levels in the country. The focus of the criticism of the current pharmaceutical innovation model is the alleged use (or misuse) of the intellectual property system that allows the originator to control both the availability and affordability of essential medicines during the patent or market exclusivity term. However, patents are found to be uniquely important to capture profits from innovation in the chemicals and pharmaceutical sectors. In an attempt to balance market and public health objectives, the WTO TRIPS Agreement obliges the acceptance of product and process patents for pharmaceuticals while permitting several solutions, such as compulsory licensing or parallel imports, to attenuate problems of availability and affordability. These TRIPS solutions were the result of hard-fought North-South negotiating battles during the Uruguay Round and have been reiterated in 2001 through the Doha Declaration on the TRIPS Agreement and Public Health. A new TRIPS provision, Article 31bis, permits 100 per cent exports of pharmaceutical production under special compulsory licences to countries that have no manufacturing capacity. Perceived gaps in the TRIPS text are sought to be filled in by the demandeurs for stronger intellectual property protection through provisions in Free Trade Agreements (FTAs), on test-data protection, patent-term extension and patent linkage, among others. Properly balancing market and public health objectives may entail an international agreement in future to encourage differential pricing of patented medicines that would ensure affordable prices in all countries.

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9

Jayashree, Watal. "Balancing Market and Non-Market Objectives." In The Oxford Handbook of International Trade Law (2e). Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192868381.003.0024.

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Lack of access to medicines could be either because they are not available or because even when available, they are not affordable to most patients in a country as the prices are disproportionately high compared to average income levels in the country. The focus of the criticism of the current pharmaceutical innovation model is the alleged use (or misuse) of the intellectual property system that allows the originator to control both the availability and affordability of essential medicines during the patent or market exclusivity term. However, patents are found to be uniquely important to capture profits from innovation in the chemicals and pharmaceutical sectors. In an attempt to balance market and public health objectives, the WTO TRIPS Agreement obliges the acceptance of product and process patents for pharmaceuticals while permitting several solutions, such as compulsory licensing or parallel imports, to attenuate problems of availability and affordability. These TRIPS solutions were the result of hard-fought North-South negotiating battles during the Uruguay Round and have been reiterated in 2001 through the Doha Declaration on the TRIPS Agreement and Public Health. A new TRIPS provision, Article 31bis, permits 100 per cent exports of pharmaceutical production under special compulsory licences to countries that have no manufacturing capacity. Perceived gaps in the TRIPS text are sought to be filled in by the demandeurs for stronger intellectual property protection through provisions in Free Trade Agreements (FTAs), on test-data protection, patent-term extension and patent linkage, among others. Properly balancing market and public health objectives may entail an international agreement in future to encourage differential pricing of patented medicines that would ensure affordable prices in all countries.

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10

Stewart, Terence P. "Declaration on Trips Agreement and Public Health WT/MIN(01)/Dec/2 (20 November 2001)." In After Doha: The Changing Attitude and Ideas of the New WTO Round. Brill | Nijhoff, 2002. http://dx.doi.org/10.1163/9789004479777_013.

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