chapter  30
11 Pages

Will the amendment to the TRIPS Agreement enhance access to medicines?

WithCarlos Correa

The numerous conditions imposed for the use of the system show how difficult it was for developing countries, notably the African Group, to get the agreement of developed countries, notably the US. A well-functioning system should allow individual countries to expeditiously address their health needs. It has also been argued that generic medicines have been available so far from non-patented sources, thereby making it unnecessary to use the World Trade Organization (WTO) Decision system, particularly as a result of the operation of the Medicines Patent Pool established in 2010. The WTO Decision was apparently built upon the assumption that a patent owner is legitimised to prevent access to products under his control, even in the presence of compelling humanitarian reasons. WTO Members should, as necessary, adopt a waiver and permanent revision of the Trade Related Aspects of Intellectual Property Rights Agreement to enable the reform.