Trips Agreement On Public Health


Posted by lapi | Posted in Uncategorized | Posted on 12-10-2021

We stress that the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) must be part of broader national and international measures to address these issues. 3. We recognize that the protection of intellectual property is important for the development of new medicines. We are also concerned about the impact on prices. 4. We agree that the TRIPS Agreement does not prevent Members from doing so and should not prevent them from taking measures to protect public health. Accordingly, we reaffirm our commitment to the TRIPS Agreement, but we reaffirm that the Agreement can and must be interpreted and implemented in a way that supports the right of WTO Members to protect public health and, in particular, to promote access to medicines for all. In this context, we reaffirm the right of WTO members to take full advantage of the provisions of the TRIPS Agreement, which provide flexibility to this end. 5. Accordingly, and in the light of paragraph 4 above, while maintaining our obligations in the TRIPS Agreement, we recognise that this flexibility includes: (a) In applying the usual rules of interpretation of international law, any provision of the TRIPS Agreement must be read in the light of the objective and objective of the Agreement, in particular in its objectives and principles. (b) Each member shall have the right to issue compulsory licences and the freedom to determine the grounds for the issue of such licences. (c) Each member has the right to determine what constitutes a national emergency or other circumstances of the highest urgency, indicating that public health crises, including crises related to HIV/AIDS, tuberculosis, malaria and other epidemics, may constitute a national emergency or other circumstances of the greatest emergency.

(d) provisions of the TRIPS Agreement which have an interest in the exhaustion of intellectual property rights shall have the effect of allowing each Member to create without challenge its own exhaustion regime, subject to the most general reference regime and the provisions relating to the implementation of Articles 3 and 4. . .

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