Trips Agreement Flexibilities

However, the TRIPS Agreement contains certain “flexibilities”. These aim to enable developing and least developed countries to use TRIPS-compatible standards in a way that allows them to pursue their own public policies, either in certain areas, such as access to pharmaceuticals or the protection of their biodiversity, or more generally in the creation of institutional macroeconomic conditions that support economic development. The study highlighted 176 cases where, between 2001 and 2016, 89 countries could benefit from 176 TRIPS flexibilities, including 100 compulsory or non-commercial public licenses and 40 concerning the transitional pharmaceutical measure. One of these cases was parallel importation, three were exceptions to research and 32 were non-patent measures. Members of the World Trade Organization (WTO) must establish minimum standards of patent protection in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”), including for pharmaceuticals. However, the report of the UN Secretary-General`s High-Level Body on Access to Medicines (“HLP Report”) applies broadly to the principles set out in the Vienna Convention on the Law of Treaties with regard to the description of “flexibilities” granted under the TRIPS Agreement. According to the study, the fact that countries made extensive use of TRIPS flexibility between 2001 and 2016 has not yet been reported, but governments have managed to use public non-commercial use licenses and least developed countries have used a transitional pharmaceutical measure to obtain patented medicines. These allowed them to give the necessary legal assurances to generic drug providers, the study says. The study also highlights the use of TRIPS flexibilities for countries excluded from voluntary licenses, such as licenses negotiated by the pharmaceutical patent pool. B The potentially negative effects of different aspects of the TRIPS package on public health and development, particularly in low- and low-income countries, were the subject of detailed comments.8-10 Many of these countries are still affected by inadequate public health care. The United Nations (UN) clearly recognises this. . .


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