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Trips Agreement And Public Health

In principle, TRIPS should create a „level playing field” for mutually recognised acts of protection between all Member States and promote trade and thus economic growth. However, from the outset, the agreement has been the subject of much controversy, focusing on the impact of its provisions on the ability of the world`s poor to access affordable medicines [7, 8]. Prior to 1995, LMICs traded robustly in generic and recently marketed medicines in countries where patent rights were not recognised. For the importing country, this trade has been a source of cheaper medicines, especially important for countries where resources are severely limited and which face serious public health problems such as HIV/AIDS. Compliance with TRIPS since 1995 has forced WTO Member States to restrict such trade and to grant patent holders exclusive rights to manufacture and sell protected medicines [9, 10]. For public health advocates, TRIPS has strengthened the interests of transnational pharmaceutical companies and industrialized countries with large pharmaceutical industries, particularly the United States, Japan and the European Union, to the detriment of access to affordable medicines by millions of people in real distress. Finally, it should be reiterated that developing countries` lack of access to essential medicines is due to a number of factors; An unprecedented level of international cooperation and empathy will be needed to make meaningful progress in this area. However, this document focuses on the factor that has received the most attention: the WTO and its TRIPS Agreement. At the initiative of developing countries, concerns about the impact of the TRIPS Agreement on public health were reflected in the adoption in 2001 of the Doha Declaration on TRIPS and Public Health. . .

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