ABSTRACT
This chapter assesses the role of non-governmental organization (NGOs) in the development of the European Union (EUs) position on access to medicines in two parts. First it examines the development of the EUs position leading up to the 2001 Doha Declaration and the role played by NGOs in educating both the public and EU-level policymakers about the links between stringent intellectual property rights (IPR) protection and the AIDS crisis in Africa. Second, it explodes the efforts to solve the Paragraph 6 Problem, a hangover from the Doha Declaration. The TRIPS Agreement effectively shifted the IPR regime into the legal-liberal episteme and locked in minimum standards for IPR protection for WTO members. TRIPS marks the first time that IP norms were legalized and brought under the auspices of the multilateral trade regime. After August 2003, policy discussions focused on finding a permanent solution to the Paragraph 6 Problem and the issue became even more complex and technical.
