Access to Medicines and the Trips Agreement What Next for Sub-Saharan Africa

The text of the ruling, as interpreted in the Chair`s statement, sets out numerous conditions for authorizing the export of patented medicines. In order to maintain the supply of medicines under this mechanism, the following steps must be taken:19 By creating separate categories of medicines, the TRIPS Agreement can better align the protection of the intellectual property of medicines with their objective of curing as many patients as possible. Such a system can foster innovation by increasing the potential benefits of successful discovery of a non-essential drug. At the same time, access to life-saving medicines for patients in developing areas can be improved by less protection of the intellectual property behind these medicines. The 1994 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) aims to introduce a single set of intellectual property protection measures in all member States to ensure greater stability in international economic relations. Critics argue that the TRIPS Agreement offers unnecessarily strong protections for intellectual property rights, preventing sick people in developing countries from having access to affordable life-saving medicines. 16. However, section 168 of the Australian Patent Act and section 55(2) of the New Zealand Patents Act allow exports under an agreement with a foreign country for the supply of products necessary for the defence of that country. Section 48B(d) and (i) of the UK Patents Act provides for a compulsory licence for a patent that does not belong to a WTO holder if the patent licensee`s default for valid reasons means that a market for the export of a patented product manufactured in the UK is not supplied. Article 45.g of the Argentine Patent Law authorizes the granting of a compulsory license that is not primarily applicable to domestic markets if this is necessary to remedy anti-competitive practices or in the event of a health or national security emergency. Of all the public health challenges facing developing countries, none has attracted as much attention as the legal aspect of the problem. On the one hand, it has been repeatedly argued that strict intellectual property laws keep drug prices too high and, therefore, make them less accessible to those who need them most (3).

The other side argues that intellectual property laws are needed to encourage innovation and create reward incentives for pharmaceutical companies to invest in risky research and development (4). This paper will examine the foundations of globalized intellectual property law and its impact on developing countries and make three recommendations to better translate public health concerns into the existing legal framework. A wide range of drugs are developed and manufactured by pharmaceutical companies, and the TRIPS Agreement must distinguish between patents for Viagra and patents for efavirenz. It is reasonable to demand full 20 years of intellectual property protection for `chemical toys` (17), but when it comes to life-saving life-saving life-saving medicines, certain concessions must be made in favour of promoting public health. The term `essential medicinal product` should be defined in the context of the TRIPS Agreement, not in relation to a list of diseases, as has been proposed in the past, (18) but as a general description of what constitutes the difference between an essential and a non-essential medicinal product. The possible criteria for inclusion in such a category would be: availability of an alternative treatment, severity of the disease that the drug is intended to treat, and the ability of the patentee to adequately supply the markets that require the patented product. However, in order to benefit from separate definitions, separate provisions should be made, where appropriate. Ideally, two separate patent laws would exist in parallel; one concerns medicines considered essential and the other applies to non-essential medicines. The World Trade Organization is the body that regulates international trade between its member countries. It is the only organization of its kind in the world and therefore has a huge influence on international trade policy. Although bilateral and multilateral free trade agreements exist and are permitted under WTO rules, no other agreement has been a driving force behind globalization and the liberalization of trade barriers than the series of agreements that make up the WTO. The WTO allows representatives of member countries to come together to form agreements that are essential to the functioning of the WTO and the expansion of world trade.

There are three such agreements: gatt (General Agreement on Tariffs and Trade), GATS (General Agreement on Trade in Services) and TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) (5). .