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Trips Agreement Doha Declaration

Correa C: consequences of bilateral free trade agreements on access to medicines. Bulletin of the World Health Organization. 2006, 84 (5): 399-404. 10.2471/BLT.05.023432. This concern could increase, as countries with large generic industries, such as India, are required to grant patent protection for pharmaceuticals from 2005. In this context, the declaration acknowledges the problem and orders the Member Council to find a quick solution and report back to it before the end of 2002. (Members were unable to reach a consensus by that date. In the run-up to the Cancn Ministerial Conference, attempts are being made to break the deadlock.) On 30 November 2007, Peter Mandelson, then THE European Union`s Trade Commissioner, announced that the European Union had formally accepted the December 2005 protocol amending the TRIPS agreement, approved by the World Trade Organisation. However, for the decision to be legally binding, two-thirds of the WTO`s 153 members must ratify the agreement. The current total number of MPs who accept the amendment is 45.

[2] The declaration also concerns the “exhaustion of intellectual property rights and, therefore, the right of Members to authorize parallel imports (explanatory information sheet). The adoption of the Trade-Related Intellectual Property Rights (TRIPS) Agreement on Trade Rights (TRIPS) within the framework of the World Trade Organization (WTO) has significantly changed the international landscape of intellectual property, particularly with regard to access to medicines. One of the stated objectives of the TRIPS agreement was to contribute to technological innovation, the transfer and dissemination of technologies, to the mutual benefit of technology manufacturers and users, in a way that promotes social and economic well-being, and to a balance of rights and obligations. When efforts by developing countries to use the flexibility of TRIPS to improve access to medicines led to disputes between rights holders and technology users, developing WTO member countries sought to clarify the relationship between the TRIPS agreement and public health. This led to the adoption in November 2001 of the Doha Declaration on TRIPS and Public Health. This discussion paper begins with a debate on the content of the Doha Declaration and before examining the importance for developing and least developed countries (LDCs) if they are to meet their commitments to universal access to HIV treatment. The paper addresses some of the successes and challenges facing developing countries in trying to exploit the public health opportunities offered by TRIPS to improve access to HIV treatment. It examines some of the recent developments that have undermined the application of THE flexibility of TRIPS, including the proliferation of free trade agreements and anti-counterfeiting legislation.