Re-Visiting the Patents and Access to Medicines Dichotomy: An Evaluation of TRIPS Implementation and Public Health Safeguards in Developing Countries

2009 ◽  
Author(s):  
Tahir Amin
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
Access To Medicines

scholarly journals THE IMPACT OF TRIPS AGREEMENT ON ACCESS TO MEDICINES IN DEVELOPING COUNTRIES: LEGAL CHALLENGES FACED BY THE PHARMACEUTICAL INDUSTRY PARTICULARLY IN INDIA

2012 ◽  
Author(s):  
Kamini Shanmugaiah
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Intellectual Property Rights ◽  
Access To Medicines ◽  
Trips Agreement ◽  
Compulsory Licensing ◽  
Legal Challenges ◽  
The Impact

The impact of intellectual property rights in particular patent relating to public health has posed numerous challenges faced by developing countries who are members of World Trade Organisation (WTO). This paper examines the impact of TRIPS Agreement (Trade Related Intellectual Property Rights) in relation to developing countries in general with specification made to India. Significant changes brought about by the TRIPS flexibilities in particular usage of compulsory licensing and Bolar provision have to a certain extent benefited the developing countries in the field of public health during national emergency. The TRIPS flexibilities by way of amendment have helped countries that (do not possess manufacturing capacities) to import medicines. Some developing countries even utilised TRIPS flexibilities in an aggressive manner to enforce their right to have access to medicines from other countries for the benefit of their citizens. Further, TRIPs flexibilities have helped developing countries to manufacture generic products to make it affordable to the people. This paper specifically examines the impact of the TRIPS Agreement on Indian generic pharmaceutical industry and the legal challenges faced by Indian pharmaceutical industry after the implementation of product patent regime effective from 1 January 2005. The Patent Amendment Act 2005(India) will be looked into especially on the controversy in respect of Section 3(d) of the Patent Amendment Act 2005(India) on the requirement of patentability. The new Section 92A of the Patent Amendment Act 2005(India) on the grounds to invoke compulsory licensing will be analysed to see whether Indian government has applied restrictive or broad approach, as compulsory licensing is certainly an important legal

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

2012 ◽  
pp. 186-209
Author(s):  
Alexandra Bhattacharya
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
Transition Period ◽  
Access To Medicines ◽  
Trips Agreement ◽  
Compulsory Licensing ◽  
Trade Regime ◽  
Council Decision ◽  
Internal Barriers ◽  
Doha Declaration

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.

scholarly journals Patents and public health

2019 ◽  
Vol 5 (1) ◽  
pp. 55-68
Author(s):  
J. M. Corberá Martínez
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
Intellectual Property ◽  
Current System ◽  
Access To Medicines ◽  
Social Consequences ◽  
Point Of View ◽  
Patent Rights ◽  
Economic Nature

Tensions are now known between the interests of holders of patent rights over medicines and those of other groups, especially in developing countries. This work tries to deepen these interests from a point of view, mainly legal, which is accompanied by comments of an economic nature, while identifying possible legal and institutional ways to alleviate the negative social consequences of the current system. To this end, the conflicts generated by patents in the context of public health and, specifically, in relation to access to medicines, will be described, to then address the role of intellectual property systems and the concept and scope of public health. Finally, various legal channels will be presented to reconcile the affected interests and possible programmatic and institutional measures.

The Draft Trans–Pacific Partnership Agreement and its Implications for Public Health and Access to Medicines: The UNITAID Report

2014 ◽  
Vol 5 (3) ◽  
pp. 366-373 ◽  
Author(s):  
Stefano Barazza
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
Intellectual Property ◽  
Access To Medicines ◽  
Intellectual Property Protection ◽  
International Organization ◽  
Recent Analysis ◽  
Generic Competition ◽  
Potential Impact ◽  
Partnership Agreement

This report provides an overview of the potential impact of the draft Trans–Pacific Partnership Agreement on public health and access to medicines, in light of a recent analysis conducted by UNITAID. The international organization observed that the increased intellectual property protection endorsed in the draft agreement,which calls for the adoption of TRIPSplus standards, is likely to severely impact generic competition, affecting the availability of medicines in developing countries, and reducing the ability of governments to set the appropriate balance between the protection of innovation and the safeguard of public health

The WTO–TRIPS Flexibilities on Public Health: A Critical Appraisal of the East African Community Regional Framework

2017 ◽  
Vol 17 (1) ◽  
pp. 145-168 ◽  
Author(s):  
OLUFEMI SOYEJU ◽  
JOSHUA WABWIRE
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
Patent Protection ◽  
Access To Medicines ◽  
East African ◽  
Member States ◽  
East African Community ◽  
The Public ◽  
African Community

AbstractOver the years, many developing countries have attempted to make policies utilizing the WTO–TRIPS flexibilities to address the public health needs of their populations. A common strategic trend in these policies has been the tendency to attempt to increase access to medicines through price reduction, achieved by weakening patent protection. This paper, using the policy that has recently been adopted by the East African Community (EAC) member states as a case study, demonstrates the inappropriateness of this strategy. The core argument is that weakening patent protection will hinder further research and invention, which are necessary to ensure the availability of medicines. For developing countries, especially those in Africa, such as the EAC member states, the problem is aggravated by the fact that pharmaceuticals, due to commercial considerations, have already ignored investing in developing medicines for diseases predominant in these countries, hence the need to strengthen rather than weaken, patent protection.

Feature extraction and prediction of Dengue Outbreaks

2020 ◽  
pp. 216-222
Author(s):  
Kunal Parikh ◽  
Tanvi Makadia ◽  
Harshil Patel
Keyword(s):  
Public Health ◽  
Machine Learning ◽  
Developing Countries ◽  
Feature Extraction ◽  
Predictive Analytics ◽  
Learning Algorithm ◽  
Machine Learning Algorithm ◽  
Health Concerns ◽  
The World ◽  
Dengue Outbreaks

Dengue is unquestionably one of the biggest health concerns in India and for many other developing countries. Unfortunately, many people have lost their lives because of it. Every year, approximately 390 million dengue infections occur around the world among which 500,000 people are seriously infected and 25,000 people have died annually. Many factors could cause dengue such as temperature, humidity, precipitation, inadequate public health, and many others. In this paper, we are proposing a method to perform predictive analytics on dengue’s dataset using KNN: a machine-learning algorithm. This analysis would help in the prediction of future cases and we could save the lives of many.

Exploring the World Trade Organisation's Trade and Environment/Public Health Jurisprudence as a Model for Incorporating a Trade–Labour Linkage into the Organisation's Multilateral Trade Regime: Should African Countries Accept a Policy Shift?

2017 ◽  
Vol 25 (1) ◽  
pp. 47-65
Author(s):  
Tapiwa V. Warikandwa ◽  
Patrick C. Osode
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
World Trade ◽  
African Countries ◽  
Trade Regime ◽  
Multilateral Trade ◽  
Appellate Body ◽  
The World ◽  
Labour Standards ◽  
The Impact

The incorporation of a trade-labour (standards) linkage into the multilateral trade regime of the World Trade Organisation (WTO) has been persistently opposed by developing countries, including those in Africa, on the grounds that it has the potential to weaken their competitive advantage. For that reason, low levels of compliance with core labour standards have been viewed as acceptable by African countries. However, with the impact of WTO agreements growing increasingly broader and deeper for the weaker and vulnerable economies of developing countries, the jurisprudence developed by the WTO Panels and Appellate Body regarding a trade-environment/public health linkage has the potential to address the concerns of developing countries regarding the potential negative effects of a trade-labour linkage. This article argues that the pertinent WTO Panel and Appellate Body decisions could advance the prospects of establishing a linkage of global trade participation to labour standards without any harm befalling developing countries.

Waterborne disease incidences in the Mediterranean region as a function of microbial pollution and T90

1995 ◽  
Vol 32 (9-10) ◽  
pp. 257-266 ◽  
Author(s):  
G. Kocasoy
Keyword(s):  
Public Health ◽  
Developing Countries ◽  
Mediterranean Region ◽  
Pollution Level ◽  
Coastal Tourism ◽  
Special Significance ◽  
Intestinal Diseases ◽  
Sea Pollution ◽  
High Season ◽  
Polluted Waters

Among the different impacts of coastal tourism on the environment, its effect on public health has a special significance. The large increase in population during the high season usually results to an increase in the amount of wastewater produced. If the necessary infrastructure - which most of the time the developing countries lack - for handling these wastes is not available, the sea is polluted causing serious problems. To investigate the effects of sea pollution onpublic health a survey has been conducted in Bodrum and Çeşme; the two most important touristic resorts in Turkey. A questionnaire about the health problems which tourists suffer as well as their culinary habits, swimming habits etc. was distributed. At the same time the pollution level in the sea was determined in the form of coliform concentration. As a result, it was proved that those swimming in polluted waters suffer from gastro-intestinal diseases more than others. Furthermore foreigners and children had been proved to be more susceptible to pollution due to the lack of immunity. The purpose of the present study is to investigate the effect of the rate of pollution as well as of the microbial self purification capacity (T90) on public health.

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