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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"

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Abbott, Frederick M. "The WTO Medicines Decision: World Pharmaceutical Trade and the Protection of Public Health." American Journal of International Law 99, no. 2 (April 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 negotiations on one important subject, providing in its paragraph 6: “We recognize that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing under the TRIPS Agreement. We instruct the Council for TRIPS to find an expeditious solution to this problem … .“

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Yu, Peter K. "Access to Medicines, BRICS Alliances, and Collective Action." American Journal of Law & Medicine 34, no. 2-3 (June 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 pharmaceuticals.To facilitate the supply of essential medicines to countries with insufficient or no manufacturing capacity, article 31bis(3) creates a special arrangement not only for the affected countries, but also for those belonging to a regional trade agreement. Such an arrangement allows less developed countries to aggregate their markets to generate the purchasing power needed to make the development of an indigenous pharmaceutical industry attractive.

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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 needed to be done to address the HIV/AIDS crisis, especially in developing countries. In response to sustained and significant pressure from civil society groups, members of the World Trade Organization agreed to the Declaration on the TRIPS Agreement and Public Health (the Doha Declaration) in 2001. The Declaration clarified that countries unable to manufacture the needed pharmaceuticals could obtain more affordable generics elsewhere if necessary.

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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 (November 1, 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) (December 14, 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 indispensable healthcare. It is undoubtable that the quality of lifeand the healthcare of the public is an absolute priority. On the contrary, the expropriation ofpatent rights, inadequate compensation of damages for issuing the compulsory licensing mayhave irreversible consequences for the states. Foreign investor may file claims against thegovernmental authorities to ad hoc or permanent arbitral institutions.

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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 (June 1, 2002): 469–505. http://dx.doi.org/10.1093/jiel/5.2.469.

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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 (November 1, 2005): 779–93. http://dx.doi.org/10.1111/j.1747-1796.2003.tb00242.x.

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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 (November 1, 2005): 283–310. http://dx.doi.org/10.1111/j.1747-1796.2003.tb00202.x.

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Hakim, Luqman. "Implementasi Lisensi Wajib TRIPs Agreement dalam Produk Farmasi di Negara Swedia." Jurnal Hukum Lex Generalis 4, no. 1 (January 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 Doha Declaraton on the TRIPs Agreement and Public Health yaitu Promote access to medicines for all dengan dasar pelaksanaan sebagaimana Article 31 TRIPs Agreement. Masyarakat mengharapkan dengan terlaksananya paten oleh Pemerintah atas obat khususnya Antiretroviral di Swedia dapat mempermudah akses bagi penderita HIV/AIDS untuk mendapatkan obat-obatan Antiretroviral yang dibutuhkan. Selain itu dengan adanya pelaksanaan compulsory licensing bagi produsen lokal dapat menjadi strategi efektif untuk melakukan promosi kompetisi obat generik di industri farmasi.

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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 (May 5, 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 countries and also the worldwide medicinal industry. The TRIPS agreement offers the standards required to be fulfilled for grant of a patent, including patents for medicines. There are many safety standards set out by TRIPS for the prevention of patent abuse. But it is of the utmost requirement that there is clarity as to how such standards can be used to prevent patents from creating a hurdle in access to medicines, especially the essential ones. This paper focuses on clarifying this aspect by studying various instruments, the Doha declaration which prioritized public health over IP, the lacunas in the Doha declaration which prevents it from solving all problems, the failure of the World Trade Organization to make sure that generic medicines are exported to the under-developed or the emerging countries, etc.

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

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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.
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 extent did civil society influence the signing of the Doha Declaration of the TRIPS Agreement and Public Health by the members of the World Trade Organisation (WTO) in 2001? In doing so, this thesis looks at the role of the US government, the South African government, the pharmaceutical industry, the WTO's TRIPS Agreement and civil society in the form of nongovernmental organisations like Treatment Action Campaign (TAC), Oxfam and Medecines Sans Frontieres (MSF). The study applies a constructivist approach in order to analyse how civil society used global advocacy networks to inform and communicate the normative concerns regarding South Africa and developing countries' lack of access to HIVand AIDS drugs. Moreover, it examines how civil society's use of moral authority challenged the regulative power of the WTO. The study concludes that civil society played a vital role in influencing the WTO member states' decision to sign the Doha Declaration on the TRIPS Agreement and Public Health. However, it was not only civil society's ability to set the agenda concerning the HIV/AIDS pandemic, but also the content of the normative concerns themselves that help explain its success. Consequently, the study further concludes that civil society's success in this specific case must be seen in light of its growing influence in challenging global governance.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n verduidelikende studie van die burgerlike samelewing se groeiende invloed in globale regering. Hierdie situasie word meer spesifiek ondersoek deur te kyk na die generiese medisyne debat wat gevoer is na die Suid-Afrikaanse Regering die Medisyne en Verwante Stowwe Wet van 1997 goedgekeur het. Hierdie debat het wêreldwye aandag geniet en het geraak aan sommige van die bestaande ongelykhede wat daar heers tussen die ontwikkelde en ontwikkelende wêreld in die geglobaliseerde samelewing. Die navorsingsvraag wat hier aangespreek word is tot watter mate die burgerlike samelewing die ondertekening van die Doha Verklaring van die TRIPS Ooreenkoms en Publieke Gesondheid deur lede van die Wêreld Handelsorganisasie (WHO) in 2001 beïnvloed het. Deur dit te doen, sal hierdie tesis kyk na die rol van die Amerikaanse regering, die Suid- Afrikaanse regering, die farmaseutiese bedryf, die WHO se TRIPS Ooreenkoms en die burgerlike samelewing in die vorm van nie-regerings organisasies soos die Treatment Action Campaign (TAC), Oxfam en Medecines Sans Frontieres (MSF). Die studie maak gebruik van 'n konstruktiwistiese benadering om 'n analise te doen van hoe die burgerlike samelewing globale ondersteunings netwerke gebruik het om die normatiewe besorgdhede wat heers oor die tekorte in Suid-Afrika en die ontwikkelende lande ten opsigte van toegang tot MIV en VIGS medisyne, toe te lig en te verkondig. Verder ondersoek die studie hoe die gebruik deur die burgerlike samelewing van morele gesag die regulerende mag van die WHO uitgedaag het. Die studie kom tot die gevolgtrekking dat die bugerlike samelewing 'n uiters belangrike rol gespeel het in die WHO lidlande se besluit om die Doha Verklaring van die TRIPS Ooreenkoms en Publieke Gesondheid te onderteken. Dit was egter nie net die burgerlike samelewing se vermoë om die agenda daar te stel ten opsigte van die MIV/VIGS pandemie nie, maar ook die inhoud van die normatiewe besorgdhede self wat bygedra het om hierdie sukses te verduidelik. Gevolglik kom die studie tot die verdere gevolgtrekking dat die burgerlike samelewing se sukses in hierdie spesifieke geval gesien kan word in die lig van sy groeiende invloed in die uitdaging van globale mag en gesag.

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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 in August 2003 specifying when countries can import drugs produced elsewhere under compulsory licence. With one third of the world's population is still denied access to essential medicines - a figure which rises to over 50 per cent in Asia and Africa - the problems facing the public health community are two-fold. The first is the capacity of developing countries (‘DCs’) actually to use the flexibilities afforded under the TRIPS Agreement, the Doha Declaration, and the Paragraph- 6 Decision amid stark inequalities in health resources and the world trading system as a whole. These include provisions for compulsory licensing, parallel importation, and addressing imbalances in research and development (‘R&D’). The pending ratification of the Paragraph-6 Decision, from an interim solution to a permanent amendment, is accompanied by considerable uncertainty: will the protections be accessible under the system currently proposed? The second problem concerns the undermining of the above hard-won flexibilities by provisions adopted under various bilateral and regional trade agreements. Known as ‘TRIPS-plus’- or ‘WTO-plus’- measures, the level of intellectual property rights (‘IPRs’) rights protection being negotiated and even adopted under other trade agreements are more restrictive as regards public health protection. These two sources of concern have led to an increase in rather than a lessening of tensions between the public health and trade policy communities. The thesis opens with a brief analysis of the interplay between patents and medicines. This includes an overview of the human rights framework and the right of access to medicines as a manifestation of human rights. The historical development of the TRIPS Agreement, its legitimacy, and the effect of the introduction of patents for pharmaceuticals are critically analysed. The terms of the Doha Declaration as it relates to public health, the Paragraph-6 Decision and its system, the December 2005 Amendment, and the progress made to date on the public health protections available under the TRIPS Agreement are reviewed and discussed in detail. The thesis describes how, despite these important clarifications, concerns as to the capacity of DCs to implement specific measures persist. This thesis further addresses the development of compulsory licensing in India and South Africa, and the legal framework for compulsory licensing in these countries. The role of competition law and constraints faced by DCs in implementing the flexibilities offered by the TRIPS Agreement and Doha Declaration are considered before turning to the threat posed by TRIPS-plus measures and calls for their critical reassessment. The thesis considers the role of the Intergovernmental Working Group on Public Health, Innovation and Intellectual Property (IGWG), the WHO Commission on IPRs, Innovation and Public Health (CIPIH), Patent Pools, and international and multilateral donors in access to medicines. The thesis concludes by reviewing potential ways forward to ensure that access to medicines by the poor living in DCs is secured in all trade agreements.
Mercantile Law
LL.D.

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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 legislate in a manner that is sympathetic to access to affordable medicines by providing for exceptions to patentability and the use of patents without the authorisation of the patent holder (TRIPS flexibilities). This study focuses on access to medicines under the TRIPS Agreement from a SADC comparative perspective by interrogating the extent of the domestication of TRIPS provisions promoting access to medicines in the SADC region with specific reference to Botswana, South Africa and Zimbabwe. After establishing that all SADC members, including Seychelles which is yet to be a WTO member have intellectual property (IP) laws in their statute books, this study confirms that while most of the IP provisions may be used to override patents, they are currently not being used by SADC members due to non-IP reasons such as lack of knowledge and political will. The study also engages in comparative discussions of topical occurrences in the context of access to medicines litigation in India, Thailand and Kenya and extracts useful thematic lessons for the SADC region. The study’s overall approach is to extract useful lessons for regional access to medicines from the good experiences of SADC members and other developing country jurisdictions in the context of a south-south bias. The study draws conclusions and recommendations which if implemented will in all likelihood lead to improved access to medicines for SADC citizens, while at the same time respecting the sanctity of patent rights. The study recommends the adoption of a rights-based approach, which will ultimately elevate patient rights over patent rights and urges the region to consider using its LDCs status to issue compulsory licences in the context of TRIPS Article 31 bis while exploring the possibility of local pharmaceutical manufacturing to produce generics, inspired by the experiences of Zimbabwe and current goings on in Mozambique and the use of pooled procurement for the region. The study embraces the rewards theory of patents which should be used to spur innovation and research into diseases of the poor in the SADC region. Civil society activity in the region is also identified as a potential vehicle to drive the move towards access to affordable medicines for all in the SADC region.
Mercantile Law
LL.D.

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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, foi a resposta ao protecionismo consagrado pelo próprio Direito da OMC. Sobre o Artigo 31bis do Acordo TRIPS, centro da controvérsia, subjaz um significativo ceticismo. Assinala-se o seu uso apenas uma única vez. A saúde pública, aliada ao comércio, é cada vez mais global. O Direito da OMC, enquanto encoraja a inovação médica a nível global, abriga uma valiosa rota de acesso a medicamentos e outras tecnologias médicas que não pode ser abandonada pelo teatro internacional.
The elevation of the legal protection of intellectual property to the realm of international trade, via the TRIPS Agreement, accentuated the classic conflict between innovation and access, especially in the pharmaceutical and medical areas. A revolution was triggered in the informal transfer of technology and compulsory licensing. The WTO Law, guided by the principle of general elimination of quantitative restrictions, traditionally legitimizes barriers to trade, against the logic of the WTO, as measures to protect public health. In contrast, the Doha solution, converted into an Amendment to the TRIPS Agreement under Article 31bis, was the response to the protectionism treasured in the WTO Law itself. There is a significant skepticism about Article 31bis of the TRIPS Agreement, which is at the heart of the controversy. Its use is noted only once. Public Health, combined with trade, is increasingly performed on a global scale. The WTO Law, while encourages global medical innovation, houses a valuable route of access to medicines and other medical technologies that cannot be abandoned by the international community.

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

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

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

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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.

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

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

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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. Netherlands: AMB Publishers, 2009.

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

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

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

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Correa, Carlos M. "Interpreting the Flexibilities Under the TRIPS Agreement." In Access to Medicines and Vaccines, 1–30. Cham: 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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Vawda, Yousuf A. "Compulsory Licenses and Government Use: Challenges and Opportunities." In Access to Medicines and Vaccines, 73–104. Cham: 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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Gamharter, Katharina. "Emergence of a New Approach: The Declaration on the TRIPS Agreement and Public Health." In Access to Affordable Medicines, 109–58. Vienna: Springer Vienna, 2004. http://dx.doi.org/10.1007/978-3-7091-0545-0_3.

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"Declaration on the TRIPS Agreement and Public Health." In After Doha: The Changing Attitude and Ideas of the New WTO Round, 21. Brill | Nijhoff, 2002. http://dx.doi.org/10.1163/9789004479777_005.

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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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"From Paris to Doha: The WTO Doha Declaration on the TRIPS Agreement and Public Health." In Negotiating Health, 25–42. Routledge, 2012. http://dx.doi.org/10.4324/9781849772082-11.

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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, 71–79. Brill | Nijhoff, 2002. http://dx.doi.org/10.1163/9789004479777_010.

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Watal, Jayashree. "Balancing Market and Non-Market Objectives." In The Oxford Handbook of International Trade Law (2e), 651—C24.P81. 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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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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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, 123–26. Brill | Nijhoff, 2002. http://dx.doi.org/10.1163/9789004479777_013.

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