Journal articles: '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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Subedi, Surya P. "The Road From Doha: The Issues for the Development Round of the Wto and the Future of International Trade." International and Comparative Law Quarterly 52, no. 2 (April 2003): 425–46. http://dx.doi.org/10.1093/iclq/52.2.425.

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After the debacle in Seattle in December 1999, the Fourth Ministerial Conference of WTO members took place successfully under tight security in the capital city, Doha, of the small Arabian state of Qatar in November 2001. The Doha conference did not adopt any new treaty or protocoll to add to the network of WTO agreements already in place. It did, however, approve a ‘broad and balance ’ work programme in the form of two declarations—a main declaration and one on trade related intellectual property rights (TRIPS) and public health, plus a decision on implementation designed to alleviate the difficulties of developing countries in implementing the existing WTO agreements. In other words, the Doha conference agreed on the nature and scope of the next round of trade negttiations, named as the ‘Development Round’. Although some least-developed countries had argued that ‘no new round should be started until there has been full implementation of the agreements concluded in the last Round, and an evaluation of their effects done’, the Doha Conference decided to start a new round of trade negotiations. How development oriented is the agenda of the new round of trade negotiations? What is going to be negotiated during th e negotiations? Is it indeed going to be a ‘Development Round’ in more than name? The object of this article is to analyse the background to the Doha conference, to assess the nature of negotiations at the conference and to evaluate its outcome.

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Ivanenko, Dmytro, and Nataliia Hlushchenko. "LEGAL ASPECTS OF INTELLECTUAL PROPERTY IMPACT ON AVAILABILITY OF MEDICINES IN UKRAINE." Law Journal of Donbass 76, no. 3 (2021): 39–44. http://dx.doi.org/10.32366/2523-4269-2021-76-3-39-44.

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The right of a person to access medicines is derived from the right to health. At the time of the establishment of fundamental human rights, the issue of lack of access to medical supplies was not considered a violation of human rights. The spread of pandemics has led to the gradual recognition of the right of access to medicines. The TRIPS agreement fundamentally reformatted the discussion on access to medicines. Prior to the TRIPS Agreement, states had considerable independence in the formation and implementation of state policy in the field of intellectual property. TRIPS obliges countries to provide pharmaceutical patents. The growing influence of the international patent system has aroused widespread interest and concern about the impact on access to medicines. The Doha Declaration on the TRIPS Agreement defines the importance of the implementation and interpretation of the Agreement in the most favorable way for the protection of public health by making available to the public existing medicines and creating conditions for the production of new ones. Ukraine is on the way to creating its own legislation in the field of intellectual property. Art. 219 of the Association Agreement between Ukraine and the European Union contains provisions according to which the parties recognize the importance of the Declaration on the TRIPS Agreement in the field of health care. Positive changes in the field of intellectual property include the provisions of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on the Reform of Patent Legislation» № 816-IX as of 21.07.2020. This law limited the range of objects to be patented. The implementation of these legislative changes is impossible without a proper methodology for the examination of novelty. Reforming the national system of intellectual property protection has created good preconditions for the formation of a civilized pharmaceutical market in Ukraine. Among the areas of legislation in Ukraine, there is an urgent need to form an institution of compulsory licensing. A separate area is the introduction of the pre-grant and post-grant procedures of the opposition. An important area of legislative work is the formation of a favorable domestic policy for innovation and invention in the field of medicine and biotechnology.

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Kumar, Shashank P. "International Trade, Public Health, and Intellectual Property Maximalism: The Case of European Border Enforcement and Trade in Generic Pharmaceuticals." Global Trade and Customs Journal 5, Issue 4 (April 1, 2010): 155–69. http://dx.doi.org/10.54648/gtcj2010017.

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Even as the world witnesses another pandemic, industrialized nations and their industries continue their efforts to ‘rachet-up’ levels of intellectual property (IP) protection. Such a maximalist agenda drives another paradigm shift in the international IP regime today. While maximalists employ several methods to promote their agenda, this work seeks to study the case of European border enforcement law (Council Regulation (EC) No. 1383/2003 of 22 Jul. 2003, Concerning Customs Action Against Goods Suspected of Infringing Certain Intellectual Property Rights and the Measures to be Taken Against Goods Found to Have Infringed Such Rights [hereinafter ‘EC Regulation 1383’]) and its effects on international trade in generic drugs. Triggered by several incidents involving ‘seizure’ of in transit generic drugs by European customs, the issue continues to be ‘hotly debated’ on at the international level and is of immense contemporary relevance to larger issue of global justice. After a discussion on the evolution of European border enforcement law and its interpretation by European courts to determine its scope, this work seeks to study the effect of EC Regulation 1383 on international trade in generic pharmaceuticals by studying several instances of ‘seizure’ of generic pharmaceuticals in transit between developing nations and the international debate it has generated at the World Trade Organization (WTO). The discussion highlights the maximalist (and ‘TRIPS-Plus- Plus’) nature of the European law and raises important issues concerning the interpretation of Agreement on Trade-Related Aspect of IP Rights (TRIPS), public health, World Trade Organization, Ministerial Declaration of 14 Nov. 2001 (hereinafter ‘Doha Declaration’), and the possibility of a future WTO dispute. The discussion concludes with some comments on broader issues of global justice and the WTO that are raised by the European law and its enforcement affecting access to medicines in developing countries.

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Muriu, Daniel Wanjau. "Third World Resistance to International Economic and Structural Constraints: Assessing the Utility of the Right to Health in the Context of the TRIPS Agreement." International Community Law Review 11, no. 4 (2009): 409–29. http://dx.doi.org/10.1163/187197409x12525781476169.

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AbstractThis article examines the relationship between WTO's TRIPS Agreement, patents and access to affordable medicines in Sub-Saharan Africa. The key role played by transnational corporations (TNCs) in ensuring that intellectual property rights were included in multilateral trade negotiations, and how this influence and power of TNCs has impacted on access to affordable medicine in the region is highlighted. The way in which social movements at both domestic and international levels have sought to use the right to health to resist the power of pharmaceutical TNCs bent on blocking the use by Third World countries of the exceptions or flexibilities in TRIPS, such as parallel importation of medicines and compulsory licensing is analysed. In this connection, the way in which the Treatment Action Campaign (TAC, a social movement in South Africa), used the right to health to oppose a suit filed in South Africa by pharmaceutical TNCs seeking to block legislation enacted for the purpose of enabling parallel importation of medicines, is shown. The article also explains how a network of international organisations and activists in collaboration with Third World countries pushed for the adoption of the Doha Declaration on the TRIPS Agreement and Public Health on the basis that access to affordable medicines is a critical element of the right to health. The article argues that the right to health has some limited potential of being used as a means of resistance against international economic forces inimical to the health of Third World peoples. To realise such potential however, one must go beyond using the right to health purely as a legal process or mechanism and instead harness the right as a tool to mobilize and exercise agency of Third World peoples in contesting the power of those forces.

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Baker, Brook K. "Arthritic Flexibilities for Accessing Medicines: Analysis of WTO Action Regarding Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health." Indiana International & Comparative Law Review 14, no. 3 (January 3, 2004): 613–716. http://dx.doi.org/10.18060/17822.

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Matthews, D. "WTO DECISION ON IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH: A SOLUTION TO THE ACCESS TO ESSENTIAL MEDICINES PROBLEM?" Journal of International Economic Law 7, no. 1 (March 1, 2004): 73–107. http://dx.doi.org/10.1093/jiel/7.1.73.

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Kongolo, Tshimanga. "Trips, the Doha Declaration and Public Health." Journal of World Intellectual Property 6, no. 2 (November 1, 2005): 373–78. http://dx.doi.org/10.1111/j.1747-1796.2003.tb00206.x.

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Noehrenberg, Eric. "Trips, the Doha Declaration and Public Health." Journal of World Intellectual Property 6, no. 2 (November 1, 2005): 379–83. http://dx.doi.org/10.1111/j.1747-1796.2003.tb00207.x.

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Cottier, Thomas. "Trips, the Doha Declaration and Public Health." Journal of World Intellectual Property 6, no. 2 (November 1, 2005): 385–88. http://dx.doi.org/10.1111/j.1747-1796.2003.tb00208.x.

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Haakonsson, Stine Jessen, and Lisa Ann Richey. "TRIPs and Public Health: The Doha Declaration and Africa." Development Policy Review 25, no. 1 (January 2007): 71–90. http://dx.doi.org/10.1111/j.1467-7679.2007.00360.x.

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Bourgeois, Jacques H. J., and Thaddeus J. Burns. "Implementing Paragraph 6 of the Doha Declaration on Trips and Public Health." Journal of World Intellectual Property 5, no. 6 (November 1, 2005): 835–64. http://dx.doi.org/10.1111/j.1747-1796.2002.tb00184.x.

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Yashar Aghamaliyeva, Sara. "Patent Hüquqlarının Tətbiqi və Dərman Vasitələrinin Əlçatanlığı Mövzusunda Beynəlxalq Müqavilələrin Rolu." SCIENTIFIC RESEARCH 10, no. 6 (June 27, 2022): 35–38. http://dx.doi.org/10.36719/2789-6919/10/35-38.

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International recognition of intellectual property rights was achieved after adopting the Paris Convention for the Protection of Industrial Property and the Berne Convention for the Protection of Literary and Artistic Works. Afterward, the Agreement on Trade-Related Aspects of Intellectual Property Rights was adopted to establish minimum standards for the regulation of intellectual property by the national legislation of the member countries. On the other hand, there are international agreements, such as the United Nations Universal Declaration of Human Rights of 1948 and the United Nations International Covenant on Economic, Social, and Cultural Rights of 1966, which reflect the fundamental human rights as the right to health and right to access medicine. Key words: trips agreement, doha declaration, intellectual property law, patents, access to medicine Sara Yaşar qızıAğamalıyeva Patent Hüquqlarının Tətbiqi və Dərman Vasitələrinin Əlçatanlığı Mövzusunda Beynəlxalq Müqavilələrin Rolu Xülasə Əqli mülkiyyət hüquqlarının beynəlxalq müstəvidə tanınmasına Sənaye Mülkiyyətinin Mühafizəsi üzrə Paris Konvensiyasının və Ədəbi və Bədii Əsərlərin Qorunması haqqında Bern Konvensiyasının qəbulundan sonra nail olunmuşdur. Sonradan üzv ölkələrin milli qanunvericiliyində əqli mülkiyyət hüquqlarının tənzimlənməsinin minimum standartlarını müəyyən etmək məqsədilə TRIPS Sazişi qəbul edilmişdir. Digər tərəfdən isə, sağlamlıq hüququ və tibbə çıxış hüququ kimi əsas insan hüquqlarını özündə əks etdirən Birləşmiş Millətlər Təşkilatının 1948-ci il Ümumdünya İnsan Hüquqları Bəyannaməsi və Birləşmiş Millətlər Təşkilatının 1966-cı ildəki İqtisadi, Sosial və Mədəni Hüquqlar Haqqında Beynəlxalq Paktı kimi beynəlxalq müqavilələr mövcuddur. Açar sözlər: trips sözləşməsi, doha bəyannaməsi, əqli mülkiyyət hüququ, patent, dərman vasitələrinin əlyetərliyi

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Andrieansjah, Andrieansjah. "THE IMPACT OF COVID-19 ON INTELLECTUAL PROPERTY LEGAL SYSTEM RELATED TO PUBLIC HEALTH IN CONNECTION WITH TRIPS FLEXIBILITIES IN INDONESIA." Indonesian Law Journal 13, no. 2 (December 22, 2020): 165–91. http://dx.doi.org/10.33331/ilj.v13i2.31.

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In early 2020, countries in the world was shocked by a new virus called Coronavirus Disease 2019 (COVID-19) including Indonesia. The COVID-19 pandemic gives impact to the legal system, including intellectual property (IP). Trade Related Aspects of Intellectual Property Rights (TRIPS) flexibilities on public health in developing countries: Transition Periods, Compulsory License, Government Use, Parallel Imports, Exceptions to Patent Rights, Exemptions from Patentability, Limits on Data Protection, and Implementation of the Paragraph 6 of the Doha Declaration. Research problems: (1) what are the conditions for implementing the flexibilities of TRIPS in facing COVID-19 pandemic in Indonesia and (2) what are the issues that should be anticipated for future IP legal system relating to public health as a lesson from this COVID-19 Pandemic. Government Use is most effective to be used for encounter COVID-19 Pandemic, and voluntary license is recommended tobe promoted for future approach. The study is using a qualitative literature study.

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ISMAIL, Faizel. "The Doha Declaration on Trips and Public Health and the Negotiations in the Wto on Paragraph 6." Journal of World Intellectual Property 6, no. 3 (November 1, 2005): 393–401. http://dx.doi.org/10.1111/j.1747-1796.2003.tb00221.x.

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Sun, H. "The Road to Doha and Beyond: Some Reflections on the TRIPS Agreement and Public Health." European Journal of International Law 15, no. 1 (February 1, 2004): 123–50. http://dx.doi.org/10.1093/ejil/15.1.123.

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Amorim, Celso Luiz Nunes. "A Política Internacional da Saúde: a UNITAID e o acesso a medicamentos | The International Politics of Health: UNITAID and access to medicines." Mural Internacional 7, no. 1 (February 10, 2017): 03–10. http://dx.doi.org/10.12957/rmi.2016.27034.

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O direito à saúde é um direito fundamental. Várias iniciativas no âmbito da Assembleia Geral da ONU e no Conselho de Direitos Humanos reforçam esse pensamento. Neste particular, a criação da UNITAID, em 2006, foi uma forma de facilitar o acesso a medicamentos a populações mais pobres utilizando fontes inovadoras de financiamento. A instituição, hospedada pela Organização Mundial da Saúde (OMS), busca melhores formas de prevenir, tratar e diagnosticar o HIV/AIDS, a tuberculose e a malária de forma mais rápida, eficaz e acessível, buscando conciliar a discussão de patentes com o direito inalienável à saúde. O artigo analisa o processo político e as negociações que levaram à Declaração de Doha sobre TRIPS e Saúde Pública, cuja importância é destacada, entre outros, pelos Objetivos de Desenvolvimento Sustentável aprovado por todos os Chefes de Estado das Nações Unidas.ABSTRACTThe right to health is a fundamental, inalienable human right. A number of initiatives within the UN General Assembly and the Human Rights Council reinforce this concept. Established in 2006 and hosted by the World Health Organization (WHO), UNITAID is engaged in finding new ways to prevent, treat and diagnose HIV/AIDS, tuberculosis and malaria more quickly, more cheaply and more effectively. It plays an important role in the global effort to defeat these lethal diseases, by facilitating and speeding up the availability of improved health tools and trying to reconcile patent protection with the right to health. The article analyzes the political process and the negotiations which led up to the Doha Declaration on TRIPS and Public Health, whose importance – among others – is highlighted on the Sustainable Development Objectives approved by all United Nations Heads of State.Palavras-chave: UNITAID, acesso a medicamentos, saúde global, TRIPS, Doha.Keywords: UNITAID, access to medicines, global health, TRIPS, Doha.DOI: 10.12957/rmi.2016.27034Recebido em 28 de dezembro de 2016 | Received on December 28, 2016.

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Kerry, Vanessa, and Kelley Lee. "TRIPS, the Doha declaration and paragraph 6 decision: what are the remaining steps for protecting access to medicines?" Globalization and Health 3, no. 1 (2007): 3. http://dx.doi.org/10.1186/1744-8603-3-3.

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Cruz, Maximiliano Santa, and Pedro Roffe. "A Review of Recent Developments at the Multilateral Level with Respect to Intellectual Property and the Pharmaceutical Industry." Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 6, no. 4 (August 2009): 323–31. http://dx.doi.org/10.1057/jgm.2009.23.

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The adoption in 1994 of the World Trade Organization's Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS) meant the incorporation of intellectual property as an important component of the international trading system. It meant also an end to the exclusive treatment of intellectual property issues in the World Intellectual Property Organization (WIPO). TRIPS meant also, the end of the accepted practice of excluding pharmaceutical products and or processes from patent protection, a practice that was particularly important for developing countries. This note reviews recent developments at the multilateral level after the adoption of TRIPS, namely the adoption of the Declaration on the TRIPS Agreement and Public Health in 2001 and the subsequent decision to amend the TRIPS for the effective use of the compulsory licensing system; the adoption of the Development Agenda by the WIPO General Assembly in 2007 and related recent developments in WIPO; and finally the adoption of the Global strategy and plan of action on public health, innovation and intellectual property by the 61st World Health Assembly in 2008. One common feature of these developments is the attempt to bring some balance to the international intellectual property system that has been characterised by an upward tendency to strengthen private rights and their enforcement to the detriment of public interest considerations.

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Son, Kyung-Bok. "How Much Time Before Attempting Compulsory Licensing of Pharmaceuticals? A Non-parametric Event History Model With P-splines." International Journal of Health Services 49, no. 1 (October 11, 2018): 68–84. http://dx.doi.org/10.1177/0020731418805921.

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Compulsory licensing (CL), provided by the Agreement on Trade-Related Aspects of Intellectual Property Rights, enables countries, including high-income countries, to ensure the protection of public health in the context of stringent intellectual property regimes. This study investigated associations between the time to attempted CL and a series of factors at the drug and country level. We used a dataset of all attempted CL that occurred from 1995 to 2014, calculated the duration as the difference in years between the year of global marketing of a certain drug and the year of attempted CL in a certain country, and applied a nonparametric event history model. We found that the Doha Declaration was quite effective in shortening the time to attempted CL. Additionally, even though global justice movements have encouraged some countries to attempt CL for various medicines since 2012, the time to CL attempts in this period became significantly longer compared to those that occurred immediately after the Doha Declaration. Our findings show that the subject of CL has not successfully expanded to oncology medicines from HIV/AIDS medicines and that recently approved medicines are not yet subjects of CL. Furthermore, our duration model suggests a learning-by-doing effect in attempting CL: previous experience of CL not only triggers CL for the same drugs in other countries but also accelerates CL for other drugs within the country.

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Jiménez-Valderrama, Fernando Augusto. "Influence of the Regulatory Framework for Pharmaceuticals in Public Health. Analysis from Colombia's ratification of the Agreement on Intellectual Property Rights Trade-Related (TRIPS) and the Free Trade Agreements with the United States and the European Union." Aquichan 13, no. 1 (April 1, 2013): 118–27. http://dx.doi.org/10.5294/aqui.2013.13.1.10.

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Este artículo tiene por objetivo estudiar la relación entre la disponibilidad, los precios de los medicamentos y los intereses de salud pública. Para ello hemos utilizado una metodología de análisis de los intereses económicos implicados y también un método sistemático de tratamiento de la legislación nacional, comunitaria andina e internacional vigente. Igualmente hemos acudido a metodologías de derecho comparado entre nuestro ordenamiento jurídico nacional con los de otros países de mundo occidental. Existe un estrecho vínculo entre la disponibilidad y los precios de los medicamentos y los intereses de salud pública. Nuestro actual sistema legal reconoce a los inventores de nuevos medicamentos como un “monopolio” para negociar en el mercado farmacéutico. Para proteger los intereses públicos nuestra regulación establece algunos límites a los derechos de los inventores. Los derechos de propiedad se limitan en el tiempo y bajo algunas circunstancias es obligatorio autorizar a otros a usar la patente bajo un contrato de licenciamiento. La Organización Mundial del Comercio ha establecido (Decisión del Consejo de la OMC, Ronda Doha 2003) otros límites a estos derechos en caso de condiciones excepcionales. Nuestra Constitución Nacional otorga prevalencia a los intereses públicos sobre los privados. Es un deber de los gobiernos establecer un sistema justo en el cual los inventores puedan obtener una recompensa económica por sus creaciones y la sociedad pueda satisfacer sus necesidades de salud.

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Aji, Wahyu Pratama. "Legal Discourse of United States Pharmaceutical Industry Mandatory License and Trips Agreement Post Doha Declaration." Activa Yuris: Jurnal Hukum 2, no. 1 (February 1, 2022). http://dx.doi.org/10.25273/ay.v2i1.11878.

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<p>The public health crisis related to HIV/AIDS, Tuberculosis and Malaria, was the starting point for the World Trade Organization (WTO) Ministerial Conference in 2001 which adopted the Doha Declaration on the TRIPS (Trade-Related Aspects of Intellectual Property Rights) and Public Health Agreements. The pharmaceutical industry as one of the knowledge driven sectors especially pharmaceutical research is very expensive and unpredictable. Making the patent system as a legal protection tool to facilitate innovation related to pharmaceutical products. The similarities between United States patent law and the TRIPS agreement also demonstrate United States’s influence in setting intellectual property standards globally. This research is a juridical-normative research using a statutory approach. The data collection technique was carried out by means of a literature study. Data analysis technique: qualitative normative analysis. The results showed that the United States' dissatisfaction with the level of intellectual property protection provided by the TRIPS agreement encouraged the development of the provisions of the TRIPS-Plus agreement in the United States Free Trade Area (FTA). The terms of the TRIPS-Plus agreement appear to be designed to negate the effective use of mandatory licensing by blocking the marketing of third-party drugs during the term of the patent. However, the TRIPS agreement retains some flexibility for World Trade Organization members, such as the data exclusivity and mandatory licensing outlined in the Doha Declaration.</p><div> </div>

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Maheswari, S. Uma, and N. Balu. "Exclusive study on operation of 31 bis of trips-with special reference to public health." International journal of health sciences, April 14, 2022, 4717–35. http://dx.doi.org/10.53730/ijhs.v6ns1.5897.

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World wars brought economic depression resulting in the need to regulate the trade relationship among the international community. Such a need to regulate trade relationships among world states compelled them to sign the General Agreement on Tariffs and Trade (GATT) agreement. The initial stages of GATT did not have provisions to protect Intellectual Property Rights. There were international conventions to address the issues concerning Trade aspects of intellectual property. The international conventions were like the Paris convention for protecting an invention, Berne for Copyright, Madrid for Trademarks etc… Several rounds of GATT gave birth to the World Trade Organization in 1995. The World Trade Organization (WTO) planned to bring unification of Intellectual Property Laws and enacted a new multilateral agreement on Trade-related aspects of Intellectual Property Rights (TRIPS). TRIPS are multifaceted agreements where many aspects of IPR are discussed. Article 31 bis of TRIPs agreement concerning public health will be critically analysed in this paper. Article 31 Bis was the result of the Doha declaration that deeply discussed the issue of Article 31 F and its gap in serving the countries that lack the manufacturing capacity to address their issues of accessibility and affordability to pharmaceutical products.

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"World Trade Organization (WTO) - Doha Ministerial 2001: Declaration on the Trips Agreement and Public Health." International Legal Materials 41, no. 3 (May 2002): 755–56. http://dx.doi.org/10.1017/s0020782900012067.

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Bhattacharya, Alexandra. "The Use of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (2001): A Review of Implementation Experiences in the Developing Countries." Journal of World Investment & Trade, 2012, 186–209. http://dx.doi.org/10.1163/221190012x630409.

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Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health (2001) recognized the difficulty of some WTO member states in using the compulsory licensing flexibility allowed in the TRIPS Agreement due to their lack of local pharmaceutical manufacturing capacities. However, there has been almost no implementation by countries of the subsequent WTO General Council decision of 30th August, 2003 which was designed to resolve this Paragraph 6 issue. This is due to the existence of various impediments – generally in the form of external and internal barriers. A comparative analysis is undertaken of the implementation of the Council Decision in two countries with varying levels of development and with different obligations with regards to enforcement of the TRIPS Agreement. It is shown that external barriers such as proliferation of bilateral agreements have more impeding effect on developing countries such as South Africa which are already part of the full TRIPS compliance regime. Conversely, internal barriers such as institutional and structural drawbacks have more of an impact in Least Developing Countries (LDCs) such as Bangladesh which have been given a transition period for TRIPS compliance and are not yet fully susceptible to external pressures of the international trade regime. The increased preference of countries to use alternative innovative mechanisms such as the Medicines Patent Pool to improve access to medicine outside the framework of the global IP/Trade regime reiterates the unworkability of the Council Decision in promoting access to medicines.

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Shanker, Daya. "Access To Medicines, Paragraph 6 Of The Doha Declaration On Public Health, And Developing Countries In International Treaty Negotiations." Indian Journal of Law and Technology 2, no. 1 (January 1, 2006). http://dx.doi.org/10.55496/gxwo1769.

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Paragraph 6 of the Doha Declaration on Public Health, dealing with access to medicines for countries lacking the manufacturing capacity for them, became an important issue because its solution on 30th August 2003 on the basis of the Note of the Chairman of the TRIPS Council was perceived as changing the basic features of the TRIPS Agreement. This was the subject of much debate, and a number of proposals from different countries were submitted either individually or collectively. However, the proposals from developing countries did not find their way into Paragraph 6, and the problem of developing countries not being able to make their voices heard in international negotiations is the focus of this article. By discussing the circumstances of the Paragraph Solution and the ways in which the interests of the developed countries were prioritised over the interests of developing countries, this article attempts to find ways in which the negotiating process may be made more transparent in future so as to accommodate all interests more fairly.

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Attaran, Amir. "The DOHA Declaration on the TRIPS Agreement and Public Health, Access to Pharmaceuticals, and Options Under WTO Law." SSRN Electronic Journal, 2002. http://dx.doi.org/10.2139/ssrn.333363.

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"World Trade Organization (WTO) General Council: Implementation of Paragraph 6 of the Doha Declaration on the Trips Agreement and Public Health." International Legal Materials 43, no. 2 (March 2004): 509–13. http://dx.doi.org/10.1017/s0020782900007853.

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Lonias Ndlovu and Amos Saurombe. "THEORIES OF INTELLECTUAL PROPERTY AND ACCESS TO MEDICINES IN THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC)." Obiter 37, no. 3 (December 20, 2016). http://dx.doi.org/10.17159/obiter.v37i3.11523.

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Despite the adoption of the World Trade Organization (WTO) Doha Declaration on the Agreement on Trade Related aspects of Intellectual Property Rights (TRIPS) and Public Health in 2001, which unequivocally affirmed WTO members’ rights to use compulsory licences and other TRIPS flexibilities to access essential 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 monopolistic prices. In the Southern African Development Community (SADC), a number of possible solutions to the access to medicines problem, such as local manufacturing of pharmaceuticals, using compulsory licences, using parallel importation and investing in research and innovation, have been raised. This paper looks at the possibility of solving the SADC access-to-medicines problem through rewarding innovation and investment into diseases of the poor, by applying the rewards theory of patents. After an initial exposition of theories of intellectual property in general, the paper specifically looks at the rewards theory and contextualizes it to the SADC situation, and comes to the conclusion that the theory may point to one of the viable solutions to the access-to-medicines problem in the region.

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Friel, Sharon. "Redressing the Corporate Cultivation of Consumption: Releasing the Weapons of the Structurally Weak." International Journal of Health Policy and Management, October 27, 2020. http://dx.doi.org/10.34172/ijhpm.2020.205.

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Corporate control of the global food system has resulted in greater global availability of highly processed, packaged and very palatable unhealthy food and beverages. Environmental harm, including climate change and biodiversity loss, occurs along the supply chains associated with trans-national corporations’ (TNCs’) practices and products. In essence, the corporatization of the global food system has created the conditions that cultivate excess consumption, manufacture disease epidemics and harm the environment. TNCs have used their structural power – their positions in material structures and organizational networks – to establish rules, processes and norms that reinforce and extend the paradigm of the neoliberal corporate food system. As a result, policy and regulatory environments, and societal norms are favourable to TNC’s interests, to the detriment of nutrition, health and environmental outcomes. There is hope, however. Power, of which there is many forms, is held not just by the TNCs but by all actors concerned about and connected to the food system. This paper aims to understand these power dynamics, and identify how structurally weak, public-interest actors can release their agency and work to achieve positive structural change. Such an analysis will help understand how the status quo can be disrupted and healthy and sustainable food systems created. The paper draws from the health governance and social movement literature, examining the Doha Declaration on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and Public Health, the Framework Convention on Tobacco Control (FCTC), and the Divestment movement. These cases demonstrate the many ‘weapons of the weak’ that can, against all odds recalibrate structural inequities. There is no one approach to transforming the corporate food system to become a healthy and sustainable food system. It involves coalition building; articulation of an ambitious shared vision; strategic use of multi-level institutional processes; social mobilization among like-minded and unusual bedfellows, and organized campaigns; political and policy entrepreneurs, and compelling issue framing.

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Sharma, Renu, and Amit Kumar Kashyap. "TRIPS & Public Health (With Special Reference to Doha Declaration & Indian Patents Law)." SSRN Electronic Journal, 2009. http://dx.doi.org/10.2139/ssrn.1527005.

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"Spain: Law 60/2003 of December 23, 2003 on Arbitration." International Legal Materials 43, no. 2 (April 2004): 484–508. http://dx.doi.org/10.1017/s0020782900007841.

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Having regard to paragraphs 1, 3 and 4 of Article IX of the Marrakesh Agreement Establishing the World Trade Organization ("the WTO Agreement");Conducting the functions of the Ministerial Conference in the interval between meetings pursuant to paragraph 2 of Article IV of the WTO Agreement;Noting the Declaration on the TRIPS Agreement and Public Health (WT/MIN(01)/DEC/2) (the "Declaration") and, in particular, the instruction of the Ministerial Conference to the Council for TRIPS contained in paragraph 6 of the Declaration to find an expeditious solution to the problem of the difficulties that WTO Members with insufficient or no manufacturing capacities in the pharmaceutical sector could face in making effective use of compulsory licensing under the TRIPS Agreement and to report to the General Council before the end of 2002;

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Gathii, James Thuo. "The Doha Declaration on TRIPS and Public Health Under the Vienna Convention of the Law of Treaties." SSRN Electronic Journal, 2002. http://dx.doi.org/10.2139/ssrn.315371.

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Solovy, Eric M. "The Doha Declaration at Twenty: Interpretation, Implementation, and Lessons Learned on the Relationship Between the TRIPS Agreement and Global Health." SSRN Electronic Journal, 2021. http://dx.doi.org/10.2139/ssrn.3965053.

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Ayilyath, Manoranjan. "EU Seizure of Drugs in Transit: Threat to Access to Public Health in Developing Countries and Least Developing Countries: An Analysis on the Backdrop of Doha Declaration on Trips & Public Health." SSRN Electronic Journal, 2012. http://dx.doi.org/10.2139/ssrn.2057816.

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Rajesh, Nandini, and Arya Kuttan. "Compulsory Licensing: An Antidote for the Dissemination of Potential COVID-19 Cure?" Kathmandu School of Law Review, July 9, 2021, 99–118. http://dx.doi.org/10.46985/kslr.v8i1.2131.

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This paper extensively examines the role of Compulsory Licensing in the Intellectual Property regime with regard to potential COVID-19 vaccinations. In Parts I and II, the paper analyzes the concept of compulsory licensing along with its need. Part III discusses the usage of the flexibilities laid down by the TRIPS Agreement by developing nations after the adoption of the Doha Declaration. This throws light on the status quo pertaining to its implications and repercussions and further helps in determining the situation upon invoking compulsory licensing in the current pandemic scenario. Parts IV and V discusses the pre-emptive measures taken by nations by means of laying forth foundational steps and the legal procedures involved in legitimizing the issuance of these licenses for potential COVID-19 vaccines. It discusses steps taken by various nations across the world, the reasons for doing so and their current legal status pertaining to the licenses. Part VI discusses in detail the diverging views that exist primarily between the United States of America and European Union. It entails discussions regarding accessibility and affordability of potential COVID-19 vaccines in the wake of a jurisprudential analysis of the existing legal provisions relating to compulsory licenses in both provinces. Further, Part VII lays down the negative implications which may arise while invoking compulsory licenses for potential COVID- 19 vaccines. This gives a detailed view of the need for the public healthcare to undertake a balanced approach of the interests of both, the patentee and the public at large. It also lays down the importance of adequate remuneration for the pharmaceutical companies which is often overlooked. Finally, Part VIII analyses both perspectives and lays down the importance of compulsory licensing with regard to both, accessibility and affordability.

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Varella, Marcelo Dias, and Katia Adriana Cardoso de Oliveira. "The flexibilization of intellectual property rights in cases of health crises: A case study of Brazil in the face of the AIDS and COVID sanitary crises." Journal of World Intellectual Property, June 28, 2024. http://dx.doi.org/10.1111/jwip.12317.

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AbstractIntellectual property (IP) law is traditionally considered rigid, with little room for maneuvering in crisis cases. In this article, through three case studies, we discuss how health crises have affected IP rights, especially in Brazil, and the relationship of Brazilian decision‐making with internationally accepted legal frameworks. In the first case, on the AIDS crisis, we discuss the initiatives of compulsory licenses in Brazil and the debate on the Doha Declaration on public health, in which the international community recognized the national margin of appreciation of TRIPs in specific cases, making the Brazilian government's action viable. In the second case, on COVID, we discuss some proposals for waiver of IP rights that, although not effectively implemented, were important to pressure economic players to find solutions to transfer technology and expand the production of newly discovered vaccines, with the transfer of technology and expansion of Brazilian vaccine factories. In the third case, also on COVID, we discuss how the health crisis induced the Brazilian Judiciary, Executive, and Legislative branches to change different points of the IP law that had been under discussion for many years and reduced the extent of these rights, to increase access to medicines, but limited by international minimum standards. We conclude that IP law is essential for developing new drugs to deal with health crises. At the same time, these crises are essential for constructing Law that prevents abuses by dominant economic actors.

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Townsend, Belinda, Brigitte Frances Tenni, Sharni Goldman, and Deborah Gleeson. "Public health advocacy strategies to influence policy agendas: lessons from a narrative review of success in trade policy." Globalization and Health 19, no. 1 (August 23, 2023). http://dx.doi.org/10.1186/s12992-023-00960-7.

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Abstract Background Despite accumulating evidence of the implications of trade policy for public health, trade and health sectors continue to operate largely in silos. Numerous barriers to advancing health have been identified, including the dominance of a neoliberal paradigm, powerful private sector interests, and constraints associated with policymaking processes. Scholars and policy actors have recommended improved governance practices for trade policy, including: greater transparency and accountability; intersectoral collaboration; the use of health impact assessments; South-South networking; and mechanisms for civil society participation. These policy prescriptions have been generated from specific cases, such as the World Trade Organization’s Doha Declaration on TRIPS and Public Health or specific instances of trade-related policymaking at the national level. There has not yet been a comprehensive analysis of what enables the elevation of health goals on trade policy agendas. This narrative review seeks to address this gap by collating and analysing known studies across different levels of policymaking and different health issues. Results Sixty-five studies met the inclusion criteria and were included in the review. Health issues that received attention on trade policy agendas included: access to medicines, food nutrition and food security, tobacco control, non-communicable diseases, access to knowledge, and asbestos harm. This has occurred in instances of domestic and regional policymaking, and in bilateral, regional and global trade negotiations, as well as in trade disputes and challenges. We identified four enabling conditions for elevation of health in trade-related policymaking: favourable media attention; leadership by trade and health ministers; public support; and political party support. We identified six strategies successfully used by advocates to influence these conditions: using and translating multiple forms of evidence, acting in coalitions, strategic framing, leveraging exogenous factors, legal strategy, and shifting forums. Conclusion The analysis demonstrates that while technical evidence is important, political strategy is necessary for elevating health on trade agendas. The analysis provides lessons that can be explored in the wider commercial determinants of health where economic and health interests often collide.

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

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