Utilizing TRIPS Flexibilities for Public Health Protection Through South-South Regional Frameworks
(2004; 110 pages) 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
Close this folderII. INTELLECTUAL PROPERTY AND ACCESS TO ESSENTIAL MEDICINES IN DEVELOPING COUNTRIES
Close this folderII.1. An Overview of Public Health-related TRIPS Flexibilities
View the documentII.1.1 Compulsory Licensing
View the documentII.1.2 Parallel Imports and Exhaustion of Rights
View the documentII.1.3 Limitation on the Grant of New Use Pharmaceutical Patents
View the documentII.1.4 Research and the Early Working Exceptions
View the documentII.1.5 Limiting the Extent of Test Data Protection
View the documentII.1.6 Control of Anti-Competitive Practices and Abuse of Intellectual Property Rights
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
 

II.1. An Overview of Public Health-related TRIPS Flexibilities

The adoption of the TRIPS minimum standards resulted into a significant loss of policy flexibilities by developing countries in regulating the granting and use of pharmaceutical patents and controlling the cost of medicines. However, the Agreement left some room for countries to take public interest measures including measures to protect public health. The Doha Declaration recognized that the TRIPS Agreement does not prevent Members from taking measures to protect public health. At Doha, WTO Members also reaffirmed the right of each Member to use to the full, the provisions of the Agreement which provide flexibility for protecting public health and, in particular, for promoting access to medicines for all.

There are a number of such flexibilities which developing countries can use to address some of the negative consequences of pharmaceutical patents. The main flexibilities include: compulsory licensing; parallel importation; provisions relating to patentable subject matter; provisions relating to exceptions to patent rights; provisions relating to data protection; and provisions relating to abuse of rights, competition and the control of anti-competitive practices. The following is an overview of each of these flexibilities.10

10 For a detailed discussion of most of these public health-related TRIPS flexibilities see Correa (2000).

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