Right to Health & the Protection of IPRs.Study in the right of accessibility to medicine according to Human Right rules in ICESCR & IPRs rules in TRIPs. agreement.

Ferhad Saeed Sadee, Dr

	Right to Health & the Protection of IPRs.Study in the right of accessibility to medicine according to Human Right rules in ICESCR & IPRs rules in TRIPs. agreement.
TIKRIT UNIVERSITY JOURNAL FOR RIGHTS
Article 1, Volume 5, Issue 18, 2013, Pages 119-170
Author
dr ferhad saeed sadee
Abstract
Today the protection of IPRs considered as a matter entered into international trade under TRIPs agreement and WTO organization, as the standards and principles of protecting IPRs in agreement reflecting developed country standards of protection, the developing countries that becoming member of WTO and its agreement will face the problem of high rate of pricing medicine and pharmaceutical product and would be in violation to protect the right to health for its nationalists. Taking into consideration, that the right to health and accessibility (economic accessibility) to medicine at affordable price as one of its components provided in ICESCR which imposes obligation upon member states to protect such right, that means the process of mere adapting the provisions of TRIPs agreement lead to the violation of the economic accessibility to medicine at affordable price for the public. Research problem deals with the ability to strike balance between two rights, right to health for the consumer of pharmaceutical products and intellectual property right of the innovated medical companies. In this context there are indications that strengthen IPR protection means in another side weakness of right to health protection. Our hypothesis is that interpretation of the provisions of TRIPs agreement in the light of its objects provided in its preamble can conclude several legal mechanisms, e.g. Parallel importation and compulsory license that enable the developing countries to preserve and protect both rights at the same time without violating each one of them. Following in the process of such interpretation the analytical research method. For that purpose the research design divided to two chapters in the first one we illustrated the IPRs and the protection of pharmaceutical products by Patent in TRIPs agreement explaining its negative effects upon developing countries. In the second chapter, we elaborated the right to health and its components and the obligations that the member stated should fulfill it in this regard. Concluding our research with conclusions and recommendations suitable for research problem, including legal mechanisms allowable by both agreements.
Keywords
Right to Health

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