Doha Declaration On The Trips Agreement And Public Health

The TRIPS Agreement stipulates that a member government`s practices in this area cannot be challenged under the WTO dispute settlement system. The declaration clarifies that the provisions of the TRIPS Agreement on exhaustion leave each member free to establish its own regulations without challenge, subject to the general provisions on TRIPS which prohibit discrimination on the basis of a person`s nationality. The declaration also covers the exhaustion of intellectual property rights and, therefore, the right of members to allow parallel imports (see the fact sheet for an explanation. The above-mentioned opportunities can only be effective in addressing access to medicines in Ghana if other barriers exist at the same time. First, it is essential to develop and implement an effective exemption policy for the poor without supplements. The policy may vary, for example. B the implementation of a national pricing policy that controls supply-side prices by regulating the actual cost of medicines or demand through reimbursement schemes such as benchmark-based pricing or generic substitution policy. In addition, the reduction of mark-ups in the public sector can lead to competition and lower prices in the private sector. Severe but necessary political reform is needed in the area of national taxation, tariffs and surcharges in order to determine the changes that could allow the population to find more affordable prices. The document provides an overview of policy debates between governments, non-governmental organizations and international organizations since 1995, and more specifically since 2003, on access to medicines and trade agreements.

The provisions on the protection of public health contained in the Doha Declaration and in the Decision referred to in paragraph 6 shall be reviewed in order to address implementation challenges and measures for the protection of intellectual property rights (IPRs) under certain regional and bilateral trade agreements. Oxfam International: Undermining Access to Medicines: A Comparison of Five US Free Trade Agreements. Briefing note. 2004, [www.oxfam.org.uk/what_we_do/issues/health/undermining_access_ftas.htm] The TRIPS Agreement also contains provisions on member States` patent rights. For example, Article 8(2), Article 31(k) and Article 40 allow Member States to prevent or remedy anti-competitive practices[8]. Article 30 facilitates the early determination of work, which allows for the limited use of an invention without the permission of the patent owner[9]. Generic drug manufacturers can use this provision to obtain product authorization, making it easier to enter the market as soon as the patent expires. Article 31 allows a government to issue a compulsory licence to a third party without the consent of the patent owner if this is justified in the public interest[7]. Compulsory licensing allows governments to continue local production of medicines as a strategy to improve people`s access to essential medicines. Parallel importation, under Articles 8.1 and 6 of TRIPS, is the importation and resale of a patented product in one country without the agreement of a patentee in another market.

His reasoning is to allow governments and others to “rent” pharmaceutical products internationally, based on the underlying principle that the patent owner has been rewarded with the first sale and therefore has “exhausted” rights. Compulsory licensing and parallel importation are at the heart of this document. There are acute differences in access to medicines between developing and industrialized countries. Developing countries make up about 80% of the world`s population, but only account for about 20% of global drug consumption.