The TRIPS Agreement and the access to medication (L’accord ADPIC et l’accès aux médicaments) - The controversy over intellectual property rights for pharmaceuticals and access to medical treatment

Exposé Droit privé & contrat Droit autres branches

Date de publication :

02/01/2008

Langue :

Anglais

Format :

.doc

Nombre de pages :

6 pages

Niveau :

expert

Consulté :

6 fois

Avis client :

non évalué

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le comité Oboulo.com

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Sommaire :

Sommaire

Patent protection for pharmaceuticals under the TRIPS Agreement
1. Objective and provisions of the TRIPS Agreement
2. Flexibilities under the TRIPS Agreement
Evolution of the interpretation of TRIPS flexibilities in the WTO
1. The Doha Declaration on the TRIPS Agreement and Public Health (November 2001)
2. The Decision of the General Council of 30 August 2003
3. The Decision of the General Council of 6 December 2005 on an Amendment of the TRIPS Agreement
Why the 'public health safeguards' of TRIPS fail to be successful
1. Developing countries' difficulties with regard to exercising TRIPS flexibility rights
2. Consequences on developing countries' access to medication

Résumé :

The controversy over intellectual property rights for pharmaceuticals and access to medical treatment in developing countries has been the subject of much public debate recently. The core challenge of this debate is to ensure access to pharmaceuticals in developing countries while at the same time encouraging research and development (R&D) for new treatments.
In order to provide remuneration for pharmaceutical companies' investments in R&D, pharmaceutical patents are protected under the WTO's agreement on Trade-Related Aspects of intellectual property rights (trips) since 1995, which provides patent protection for 20 years. The problem with patent protection is that the high prices pharmaceutical companies charge for their products makes crucial drugs unaffordable for many people in developing countries, who could have afforded them had they been sold at or near their marginal cost.
That is why a number of flexibilities or safeguards to protect public health have been incorporated into the trips agreement, allowing countries to override trips requirements in order to protect public health. However, in practice governments have proven to be reluctant to exercise such rights. The trips agreement in connection with access to AIDS treatment in developing countries has, without a doubt, been the most debated aspect in this context, as the arrival of the international patent system coincided with the global development of the AIDS epidemic.
In this paper, we will narrow down the topic by focusing on the flexibilities incorporated into the trips agreement in order to see whether they leave sufficient room for access to affordable medicines in developing countries. As a reaction to public pressure the WTO adopted declarations and decisions in favour of public health protection in developing countries, but the question remains, whether the changes recently made are sufficient in order for these countries to provide affordable medication to their inhabitants. In a first part, the exact provisions of trips for pharmaceutical patent protection will be outlined. Secondly, the evolution of the interpretation of flexibility rights of trips will be examined by looking at the different declarations adopted by the WTO which culminated in the amendment 2005.
Finally, we will depict the problems developing countries encounter in exercising their flexibility rights and summarize other factors impeding access to medication in these countries.