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"The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) may offered an access to essential pharmaceutical drugs for developing countries" | ||
| Journal Of the College of law /Al-Nahrain University | ||
| Article 1, Volume 17, Issue 2, 2015, Pages 393-410 | ||
| Author | ||
| By LL.M. Samir Raheem Alsoodani | ||
| Abstract | ||
| Abstract: It has been claimed that the World Trade Organisation (WTO) General Council’s decision regarding the amendment of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has offered an excellent solution for resolving the accessibility problem to essential pharmaceutical drugs for developing countries. It was adopted on December 6th 2005 and its success is attributed to the conversion of the so-called ‘waiver of TRIPS 2003’ from a temporary to a permanent amendment, and its incorporation into the TRIPS Agreement. The waiver in question grants developing and the least developed countries the right to produce generic products and export them at a more affordable price to those countries that lack the ability to manufacture life-saving drugs. In an analysis of this claim, this essay will investigate and approach the matter in six parts. Firstly, it will give a brief background to the origin of the term ‘Intellectual Property’ and the TRIPS Agreement. Secondly, it will describe the so-called December 6th 2005 amendment. Thirdly, it will review some of the literature that discusses the improved accessibility of essential medicine under the TRIPS system, as well as taking into consideration the concerns of those who oppose this claim. Fourthly, there will be a dedicated part of this document to the advantages and disadvantages of the 2005 amendment that have arisen through examples of its application. Fifthly, it will explain some measures that could be viewed as obstacles to the TRIPS Agreement, specifically in paragraph 6. Finally, it will draw a conclusion from the review of the literature and the implication of the adoption of the 2005 amendment to determine whether this decision has accomplished the purpose that it was established for, and will close by offering some recommendations. | ||
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