Implications of the Doha Declaration on the Trips Agreement and Public Health - Health Economics and Drugs Series No. 012: Public health measures: Option 1

Implications of the Doha Declaration on the Trips Agreement and Public Health - Health Economics and Drugs Series No. 012
(2002; 56 pages) [French] [Spanish]

Table of Contents

Foreword
Acknowledgements
Abbreviations and acronyms
Executive summary
Introduction
Scope
The role of TRIPS and IPRs
Public health measures
	Option 1
	Option 2
Flexibility in TRIPS
	Interpretation
	Compulsory licences
	Emergency
	Exhaustion
Members with insufficient or no manufacturing capacities
	Addressed problem
	Possible approaches
		(a) Article 31 (f)
		(b) Article 30
		(c) Moratorium
	Safeguards
	Compulsory licence in the importing country
	Economic feasibility
	Legal implementation
Transfer of technology to LDCs
Extension of transitional period for LDCs
Special treatment under TRIPS
Legal status of the Doha Declaration
Issues not covered in the Declaration
Conclusions
Annex 1 - Doha Declaration on the TRIPS Agreement and Public Health
Annex 2 - Levels of development of pharmaceutical industry, by country
References

Option 1

[Nothing in the TRIPS Agreement shall prevent Members from taking measures to protect public health. Accordingly, while reiterating our commitment to the TRIPS Agreement, we affirm that the Agreement shall be interpreted and implemented in a manner supportive of WTO Members’ right to protect public health and, in particular, to ensure access to medicines for all.

In this connection, we reaffirm the right of WTO Members to use, to the full, the provisions in the TRIPS Agreement which provide flexibility for this purpose.]