Implications of the Doha Declaration on the Trips Agreement and Public Health - Health Economics and Drugs Series No. 012
(2002; 56 pages) [French] [Spanish] View the PDF document
Table of Contents
View the documentForeword
View the documentAcknowledgements
View the documentAbbreviations and acronyms
View the documentExecutive summary
View the documentIntroduction
View the documentScope
View the documentThe role of TRIPS and IPRs
Open this folder and view contentsPublic health measures
Open this folder and view contentsFlexibility in TRIPS
Close this folderMembers with insufficient or no manufacturing capacities
View the documentAddressed problem
Open this folder and view contentsPossible approaches
View the documentSafeguards
View the documentCompulsory licence in the importing country
View the documentEconomic feasibility
View the documentLegal implementation
View the documentTransfer of technology to LDCs
View the documentExtension of transitional period for LDCs
View the documentSpecial treatment under TRIPS
View the documentLegal status of the Doha Declaration
View the documentIssues not covered in the Declaration
View the documentConclusions
View the documentAnnex 1 - Doha Declaration on the TRIPS Agreement and Public Health
View the documentAnnex 2 - Levels of development of pharmaceutical industry, by country
View the documentReferences
 

Safeguards

If developed countries agreed to any of these solutions, they are likely to demand the establishment of certain “safeguards”, as indicated in the submissions by the USA and the EC and their Member States to the Council for TRIPS of March 2002. Such safeguards would aim at ensuring that any agreed solution is not utilized to attain objectives other than those related to the protection of public health in the countries with no or insufficient manufacturing capacity for the economically viable production of pharmaceuticals.

A basic safeguard would be the provision of mechanisms to prevent the diversion of products exported to a country qualifying under paragraph 6 to other countries99, and that the entire output of the relevant pharmaceuticals manufactured be exported to the Member in need. The notification to other Members of actions taken has also been mentioned100.

99 However, it may be excessive (due to complexity and costs) to impose the burden of monitoring and preventing such a diversion on the importing country in need of pharmaceuticals. The European Commission has noted that “the industry acknowledges that to date there is no reimportation of medicines from the poorest developing countries into the EU, i.e. the problem of reimportation is still largely theoretical” (European Commission, 2002, p. 10). In addition, restrictions on the export of products may violate Article XI of GATT (prohibitions or restrictions on the importation or exportation of products).

100 See IP/C/W/340. One additional question might be if, in order to be validated under a paragraph 6 exception, certain pricing conditions would be attached to the exported products.

to previous section
to next section
 
 
The WHO Essential Medicines and Health Products Information Portal was designed and is maintained by Human Info NGO. Last updated: October 7, 2014