Trips Agreement Aids


Otherwise, activists warn, drug prices could rise dramatically, which could prevent low- and middle-income countries from maintaining their care. A particularly controversial set of rules in the agreement concerns possible but limited derogations from the provisions of the agreement, known as TRIPS flexibilities. Among TRIPS flexibilities, compulsory licensing and parallel imports are by far the most discussed forms of TRIPS exemptions. The term “compulsory license” refers to a government decision authorizing a company to produce the patented medicine without the agreement of the rights holder, while “parallel imports” refers to products marketed by the patent holder in one country and imported into another country without the agreement of the right holder. These flexibilities are allowed by the TRIPS Agreement to try to compensate for the intention to promote access to existing medicines and to promote research and development of new medicines, but they must be interpreted in the light of the protection of the patent holder`s rights (World Health Organization, 2020). The IP regime put in place in 1994 has not been sustainable because it has maximized the profits of a few at the expense of the development and well-being of many. Nevertheless, the situation is even worse in 2020, with intellectual property limiting the use of TRIPS flexibility, improving the provisions of the original agreement and eliminating opportunities for affordable and sustainable HIV treatment for people living in low-income countries. The TRIPS Agreement entered into force on 1 January 1995, which sets minimum standards for the protection of intellectual property, including patents on medicinal products. Under this agreement, new medicines can benefit from patent protection for at least 20 years in total since 2005, with the exception of least developed countries and certain non-WTO members such as Somalia. In addition to the core intellectual property standards established by the TRIPS Agreement, many nations have engaged in bilateral agreements to introduce a higher level of protection. .

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