Implementation of TRIPS and Access to Medicines for HIV after January 2016: Strategies and Options for Least Developed Countries
(2011; 16 pages)

Abstract

WTO Members, at the Fourth World Trade Organization (WTO) Ministerial Conference in Doha, Qatar in 2001, agreed, in the Doha Declaration on the TRIPS Agreement and Public Health, that least-developed countries (LDC) will not be required to implement or apply the rules relating to patent protection and protection of confidential information (test data) for pharmaceuticals until 2016. Originally, these countries were expected to fully implement the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS), including patent and test data protection provisions by January 2005.

This document seeks to:

  • Analyse how LDCs have utilized the 2016 extension to facilitate the production and access to HIV and other medicines for their populations;
  • Discuss what can be done to maximise the opportunities provided by the current extensions, including clarifying the options for importation of generic versions of newer ARV to LDCs;
  • Describe the potential implications of LDCs having to implement the TRIPS Agreement with respect to pharmaceuticals and test data protection;
  • Fill the gaps in the understanding of the process for further extension of the transition period for pharmaceutical products;
  • Provide recommendations on how LDCs should proceed to seek further extensions.
 
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