TRIPs Amendment and Public Health: How to Ensure Effective Usee of Compulsory Licensing?

2018 ◽  
Author(s):  
Md. Mamun-Ur-Rashid Askari
Keyword(s):  
Public Health ◽  
Compulsory Licensing

The WTO Medicines Decision: World Pharmaceutical Trade and the Protection of Public Health

2005 ◽  
Vol 99 (2) ◽  
pp. 317-358 ◽  
Author(s):  
Frederick M. Abbott
Keyword(s):  
Public Health ◽  
Intellectual Property Rights ◽  
World Trade ◽  
Access To Medicines ◽  
Trips Agreement ◽  
Compulsory Licensing ◽  
The World ◽  
Effective Use ◽  
Pharmaceutical Trade ◽  
Doha Declaration

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 … .“

scholarly journals COVID-19, IP and access: Will the current system of medical innovation and access to medicines meet global expectations?

2021 ◽  
Vol 17 (2) ◽  
pp. 61-70
Author(s):  
Olga Gurgula ◽  
Wen H Lee
Keyword(s):  
Public Health ◽  
Open Innovation ◽  
Current System ◽  
Access To Medicines ◽  
Medical Innovation ◽  
Short Term ◽  
Compulsory Licensing ◽  
The Past ◽  
Innovation Model

The COVID-19 pandemic has exposed the fundamental flaws in the current system of medical innovation and access to medicines, which require urgent attention from the global community. This is prompted by the experience of the past decades, which has proven that this system was ineffective in securing adequate access to medicines for all. The understanding of the deficiencies of the existing system is crucial today, as it may help to design effective approaches for improving access. This article will also consider mechanisms that may be implemented by governments for the protection of public health. These include short-term mechanisms, such as compulsory licensing and government use, as well as the long-term design of a new innovation model, including state-coordinated research of medicines and open innovation. The current system should be reconsidered to ensure the prompt development of COVID-19 therapy accessible to everyone and full preparedness for the pandemics of the future.

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

scholarly journals The People's Vaccine: Intellectual Property, Access to Essential Medicines, and the Coronavirus COVID-19

2021 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
The United States ◽  
Open Science ◽  
Essential Medicines ◽  
The European Union ◽  
Health Crisis ◽  
Compulsory Licensing ◽  
Public Health Crisis ◽  
Access To Essential Medicines

This paper explores intellectual property and access to essential medicines in the context of the coronavirus COVID-19 public health crisis. It considers policy solutions to counteract vaccine nationalism and profiteering by pharmaceutical companies and vaccine developers. This paper considers the campaign for the development of a People's Vaccine led by the People’s Vaccine Alliance, UNAIDS, Oxfam and Public Citizen. The WHO has established the ACT Accelerator in order to boost research, development, and deployment of COVID-19 technologies. However, the operation of COVAX thus far has been falling short of its original ambitions. The Medicines Patent Pool has expanded its jurisdiction to include the sharing of intellectual property related to COVID-19. Meanwhile, Costa Rica has proposed a COVID-19 Technology Access Pool – an idea for a new institutional structure which has been taken up by the WHO. In the context of the coronavirus public health crisis, there has also been discussion of the use of compulsory licensing and crown use to counteract profiteering and anti-competitive behavior. There has been a push by Universities Allied for Essential Medicines (UAEM) and others for the public licensing of COVID-19 technologies developed with government funding. The Open COVID Pledge has been taken by a number of intellectual property owners. In response to the assertion of proprietary rights in respect of COVID-19 technologies, the open movement has championed the development of Open Science models of science. India and South Africa have put forward a waiver proposal in the TRIPS Council to enable countries to take action in respect of COVID-19 without fear of retribution under trade laws. While the United States has been willing to support a TRIPS Waiver for vaccines, there remain a number of opponents to a TRIPS Waiver – including the European Union, Germany, Japan, and Switzerland. This paper makes the case that international intellectual property law should accommodate a People's Vaccine.

Compulsory Licensing for Public Health

2005 ◽  
Author(s):  
Frederick M. Abbott ◽  
Rudolf V. Van Puymbroeck
Keyword(s):  
Public Health ◽  
Compulsory Licensing

A Review of Recent Developments at the Multilateral Level with Respect to Intellectual Property and the Pharmaceutical Industry

2009 ◽  
Vol 6 (4) ◽  
pp. 323-331
Author(s):  
Maximiliano Santa Cruz ◽  
Pedro Roffe
Keyword(s):  
Public Health ◽  
Intellectual Property ◽  
Patent Protection ◽  
Pharmaceutical Products ◽  
Global Strategy ◽  
World Intellectual Property Organization ◽  
World Health ◽  
Compulsory Licensing ◽  
The World ◽  
Recent Developments

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.

IPRs, Public Health, and International Trade: An International Law Perspective on the TRIPS Amendment

2016 ◽  
Vol 29 (2) ◽  
pp. 411-440 ◽  
Author(s):  
WENWEI GUAN
Keyword(s):  
Public Health ◽  
International Trade ◽  
Intellectual Property ◽  
International Law ◽  
Birth Defect ◽  
Theoretical Issue ◽  
Public International Law ◽  
Compulsory Licensing ◽  
Health Concerns ◽  
Private Rights

AbstractThis article critically examines the dynamics between public health, intellectual property, and international trade in the context of the TRIPS Amendment and its theoretical implications in international law. The article suggests that international efforts in the TRIPS 2003 Waiver and 2005 Amendment addressing public health concerns have not been very successful due to the birth defect of TRIPS, i.e., hoping a private-rights-in-nature regime could accommodate public interests in health concerns. TRIPS’ birth defect further reveals itself in post-TRIPS development and contributed to the failure of the TRIPS Waiver and Amendment due to the resulting practice fragmentation and procedural hurdles in domestic compulsory licensing administration. Moreover, the TRIPS Amendment raised a fundamental theoretical issue, i.e., how the WTO as an international organization in public international law can regulate compulsory licensing of intellectual property rights as private rights – in particular the proprietary right to remuneration – while recognizing that TRIPS grants no positive rights. The paper suggests that the key to the issue is the treatment of private rights in public international law. It is submitted that the TRIPS Amendment has no legal basis in international law due to its unwarranted intrusion into members’ domestic affairs and individuals’ private proprietary rights. The article thus calls for alternative thinking about the TRIPS Amendment, in particular to leave administration of compulsory licensing fully with domestic authorities as it is in the Paris Convention.

Spain: Law 60/2003 of December 23, 2003 on Arbitration

2004 ◽  
Vol 43 (2) ◽  
pp. 484-508
Keyword(s):  
Public Health ◽  
World Trade Organization ◽  
World Trade ◽  
Trips Agreement ◽  
General Council ◽  
Pharmaceutical Sector ◽  
Compulsory Licensing ◽  
The World ◽  
Effective Use

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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