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Utilizing TRIPS Flexibilities for Public Health Protection Through South-South Regional Frameworks
(2004; 110 pages) [Spanish] View the PDF document
Table of Contents
View the documentTHE SOUTH CENTRE
View the documentPREFACE
View the documentABBREVIATIONS
View the documentEXECUTIVE SUMMARY
Open this folder and view contentsI. INTRODUCTION
Open this folder and view contentsII. INTELLECTUAL PROPERTY AND ACCESS TO ESSENTIAL MEDICINES IN DEVELOPING COUNTRIES
Open this folder and view contentsIII. CONSTRAINTS ON NATIONAL EFFORTS TO IMPLEMENT TRIPS FLEXIBILITIES FOR PUBLIC HEALTH PURPOSES
Open this folder and view contentsIV. OVERCOMING CONSTRAINTS IN THE USE OF TRIPS FLEXIBILITIES THROUGH SOUTH-SOUTH REGIONAL FRAMEWORKS
Open this folder and view contentsV. CONCLUSIONS AND RECOMMENDATIONS
View the documentBIBLIOGRAPHY
View the documentBACK COVER
 

PREFACE

The South Centre is undertaking this study as part of its efforts to promote South-South cooperation and it is a continuation of the Centre’s work to help developing countries design public health sensitive intellectual property rules and develop new strategies to ensure better health-care provision. Already, the Centre has published three studies on intellectual property and public health, namely, Integrating Public Health Concerns into Patent Legislation in Developing Countries (Carlos Correa; 2000); Protection of Data Submitted for the Registration of Pharmaceuticals: Implementing the Standards of the TRIPS Agreement (a joint publication with the Department of Essential Drugs and Medicines Policy of the World Health Organization (WHO) (Carlos Correa; 2002); and Protection and Promotion of Traditional Medicine: Implications for Public Health in Developing Countries (also a joint publication with the Department of Essential Drugs and Medicines Policy of WHO (Carlos Correa; 2002) as well as a number of papers under the T.R.A.D.E working papers series.

The study was carried out with the funding support of the Rockefeller Foundation and with the assistance of an expert consultative group (ECG) made up of: Professor Frederick M. Abbott, Florida State University College of Law; Professor Carlos M. Correa, South Centre; J. Michael Finger, American Enterprises Institute; Dr Fawzia Rash-eed,WHO; Beryl Leach, Health Action International - Africa; and, Professor Ruth Okediji, University of Minnesota Law School. The administrative and logistical support was provided by a project assistant, Fabienne Stephan. Contributions to the study were also made by Watu Wamae of the Université de la Méditerranée in Aix en Provence, France. The authors are greatly indebted to the members of the ECG and Watu Wamae for their valuable inputs and consistent support and to the project assistant for her tireless efforts to ensure that the various activities and processes proceeded as planned.

A preliminary review of a draft of the study, co-sponsored by the Department of Essential Drugs and Medicines Policy of WHO and the Health Equity Department of the Rockefeller Foundation, took place on 22 July 2003 in New York. The participants in the review meeting were: Francisco Cannabrava, Brazilian Embassy - Mexico; Carlos Correa, University of Buenos Aires; Christopher Garrison, Campaign for Access to Essential Medicines, Medecins Sans Frontieres (MSF); Andrew Far-low, Oxford University; Sakiko Fukuda-Parr, Human Development Report Office, United Nations Development Programme (UNDP); Desmond Johns, UNAIDS, New York; Keith Johnson, Center for Pharmaceutical Management, Managements Sciences of Health (MSH); Jim Keon, The Canadian Generic Pharmaceutical Association; Jamie Love, Consumer Project on Technology; Faris Natour, Calvert Group; Juan Rovira, The World Bank; Eric Sawyer, Health Global Access Project; Anthony So, The Rockefeller Foundation; Jonathan Soverow, The Rockefeller Foundation; German Velasquez, Drug Action Programme, Department of Essential Drugs and Medicines Policy, WHO; and Robert Weissman (Essential Information). The Authors are grateful to the reviewers for their valuable inputs.

Thanks are also due to the participants at the consultative workshop held in Geneva on 12 August 2003 and to: Felix Maonera, Permanent Mission of Zimbabwe in Geneva; Toby Kasper (The Global Fund), Pedro Roffe (UNCTAD), Pascale Boulet and Christa Cepuch (Campaign for Access to Essential Medicines, MSF), Julia Oliva (Center for International Environmental Law), Emma Back (Department for International Development - DFID) and Rashid Kaukab (South Centre) as well as all the South Centre staff who supported the authors in various ways through the period of the study.

The views expressed in the study are, however, the views of the authors and do not necessarily reflect the views of the South Centre, the Rockefeller Foundation or any of the other institutions to which the authors are affiliated. The authors are solely responsible for this text.

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