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Doha Declaration and Public Health Issues

NOPR - NISCAIR Online Periodicals Repository

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Field Value
 
Title Doha Declaration and Public Health Issues
 
Creator Lalitha, N
 
Subject Doha Declaration
Compulsory licensing
HIV/AIDS
Access to medicines
 
Description 401-413
Adhering to the TRIPS Agreement in the pharmaceutical sector poses several questions before developing countries and least developed countries concerning public health. These are: Would the TRIPS Agreement and product patent regime affect access to medicines for the public? What are the options available for countries that face health crises? The Doha Declaration provides for access to medicines particularly by simplifying the compulsory licensing (CL) clause. A brief look at the countries that have utilized the CL option highlights that all such countries have been facing a rapidly spreading HIV/AIDS epidemic, medicines for which are produced under patents by multinationals. Hence, while some countries have actually issued a CL to a third party or a government department to produce or import the patented drug, some countries have used the CL option as a negotiating strategy to get a steep reduction in the price so as to facilitate access to medicines in the public health care. The amendments carried out by the Indian government also facilitate production of generic versions of patented drugs that would facilitate exports under the CL option as well. Though the Doha Declaration facilitates access to medicines, some of the free trade agreements are drafted in such a way that the least developed countries can not exercise the flexibilities. However, in order to facilitate the options available in the Doha Declaration, countries will have to incorporate the necessary changes in their national laws.
 
Date 2008-09-17T11:00:46Z
2008-09-17T11:00:46Z
2008-09
 
Type Article
 
Identifier 0971-5544
http://hdl.handle.net/123456789/2026
 
Language en_US
 
Publisher CSIR
 
Source JIPR Vol.13(5) [September 2008]