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Implications of the Doha Declaration on the Trips Agreement and Public Health - Health Economics and Drugs Series No. 012
(2002; 56 pages) [French] [Spanish] Voir le document au format PDF
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At the Doha World Trade Organization (WTO) Ministerial Conference (9-14 November 2001), the WTO Members took the unprecedented step of adopting a special declaration on issues related to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) and Public Health. Discussion on this declaration was one of the outstanding issues at the Conference, which launched a new round of trade negotiations on a broad range of issues. This was the first outcome of a process that started in early 2001 when, upon the request of the African Group, the Council for TRIPS agreed to deal specifically with the relationship between the TRIPS Agreement and Public Health. The confirmation that the TRIPS Agreement has left room for flexibility at the national level has important political and legal implications. It indicates that the pressures to impede the use of available flexibilities run counter to the spirit and purpose of the TRIPS Agreement. In legal terms, it means that panels and the Appellate Body must interpret the Agreement and the laws and regulations adopted to implement it in light of the public health needs of individual Members. The Doha Declaration is a strong political statement that can make it easier for developing countries to adopt measures necessary to ensure access to health care without the fear of being dragged into a legal battle. The Declaration is also a Ministerial decision with legal effects on the Members and on the WTO bodies, particularly the Dispute Settlement Body and the Council for TRIPS.
Table des matières
Afficher le documentForeword
Afficher le documentAcknowledgements
Afficher le documentAbbreviations and acronyms
Afficher le documentExecutive summary
Afficher le documentIntroduction
Afficher le documentScope
Afficher le documentThe role of TRIPS and IPRs
Ouvrir ce répertoire et afficher son contenuPublic health measures
Ouvrir ce répertoire et afficher son contenuFlexibility in TRIPS
Ouvrir ce répertoire et afficher son contenuMembers with insufficient or no manufacturing capacities
Afficher le documentTransfer of technology to LDCs
Afficher le documentExtension of transitional period for LDCs
Afficher le documentSpecial treatment under TRIPS
Afficher le documentLegal status of the Doha Declaration
Afficher le documentIssues not covered in the Declaration
Afficher le documentConclusions
Afficher le documentAnnex 1 - Doha Declaration on the TRIPS Agreement and Public Health
Afficher le documentAnnex 2 - Levels of development of pharmaceutical industry, by country
Afficher le documentReferences
 

Implications of the Doha Declaration on the Trips Agreement and Public Health - Health Economics and Drugs Series No. 012

Carlos M. Correa
University of Buenos Aires
June 2002

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