How to break the TRIPS impasse?
The negotiations on how to allow poor countries to take advantage of the compulsory licensing provision of the TRIPS Agreement are at an impasse. But there is a way to break the logjam. April 3, 2003 The Doha negotiations are at an impasse partially due to a disagreement between the United States and other WTO members on how to effectively extend the compulsory-licensing provision of the TRIPS Agreement to countries that lack manufacturing capacity in medicines. The impasse can be broken The Trade-related Aspects of Intellectual Property Rights Agreement gives all WTO members the right to issue a compulsory licence on a patented product to a third party without prior authorisation of the patent holder in the case of health emergencies or other circumstances of extreme urgency. The Doha Declaration on the TRIPS Agreement and Public Health reaffirms this right: "Each Member has the right to determine what constitutes a national emergency or other circumstances of extreme urgency, it being understood that public health crises, including those relating to HIV/AIDS, tuberculosis, malaria and other epidemics, can represent a national emergency or…
Continue reading...