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Wto Decision On Implementation Of Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health: A Solution To The Access To Essential Medicines Problem?

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  • Duncan Matthews

Abstract

The need for a legal solution to the compulsory licence problem was outlined in the Doha Declaration on the TRIPS Agreement and Public Health of 14 November 2001. The agreement subsequently reached by WTO Members on 30 August 2003 in response to paragraph 6 of the Doha Declaration is seen as key to improving access to essential medicines in developing countries. This article re-examines the negotiations that led to the 30 August agreement and assesses its likely impact. It then argues that compulsory licensing is one of a range of policy approaches that will ultimately assist in improving access to essential medicines in developing countries. The article suggests that a long-term achievement of the Doha-based negotiations is likely to be in refocusing attention on the potential of other measures that can operate alongside compulsory licensing provisions. It concludes that the debate about the Doha Declaration and compulsory licensing is part of a much wider problem and the solution requires a mix of policy initiatives. Oxford University Press 2003, Oxford University Press.

Suggested Citation

  • Duncan Matthews, 2004. "Wto Decision On Implementation Of Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health: A Solution To The Access To Essential Medicines Problem?," Journal of International Economic Law, Oxford University Press, vol. 7(1), pages 73-107, March.
    • Handle: RePEc:oup:jieclw:v:7:y:2004:i:1:p:73-107
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    Cited by:

    1. Thomas Gehring & Benjamin Faude, 2014. "A theory of emerging order within institutional complexes: How competition among regulatory international institutions leads to institutional adaptation and division of labor," The Review of International Organizations, Springer, vol. 9(4), pages 471-498, December.
    2. Burri, Mira & Serrano, Omar, 2016. "Making use of TRIPS flexibilities: Implementation and diffusion of compulsory licensing regimes in Brazil and India," Papers 960, World Trade Institute.
    3. Charitini Stavropoulou & Tommaso Valletti, 2015. "Compulsory licensing and access to drugs," The European Journal of Health Economics, Springer;Deutsche Gesellschaft für Gesundheitsökonomie (DGGÖ), vol. 16(1), pages 83-94, January.
    4. Gehl Sampath, Padmashree, 2006. "India's product patent protection regime: Less or more of "pills for the poor"?," MERIT Working Papers 2006-019, United Nations University - Maastricht Economic and Social Research Institute on Innovation and Technology (MERIT).
    5. Shadlen, Ken, 2007. "The Politics of Patents and Drugs in Brazil and Mexico: The Industrial Bases of Health Activism," Working Papers 37710, Tufts University, Global Development and Environment Institute.

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