Compulsory Licensing (CL): A Ray of Hope for AIDS and Cancer Patients in Least Developing Countries
Pharmaceuticals patents are the foremost requirements to sustain a better level of public health in least developing countries (LDCs).
Threatening diseases like AIDS, Cancer are most commonly found in these poor countries.
Many other reasons are also responsible for the severity and morbidity of these diseases.
If these LDCs have their own patents or some protected drugs to cure the diseases like AIDS and Cancer, then it will be great relief for those concerned patients.
Generally, pharmaceuticals companies of LDCs do not have much protected life saving drugs.
Due to lack of their own protected drugs, these companies are not able to sell life saving drugs at affordable prices.
LDCs and some developing countries (Brazil, China, Canada, India, and Thailand) are enjoying compulsory licensing mechanism of TRIPS agreement to resolve out the problem of life saving drugs availability at affordable prices.
Compulsory licensing mechanism is very purposeful in achieving the public health targets like the availability of life saving drugs at affordable prices.
First time, compulsory licensing (CL) procedure was approved by Paris convention and TRIPS agreement.
After some time, Doha declaration added some amendments in the pre-existed procedure such as all members of TRIPS agreement can import patent protected products except some countries.
Doha declaration purposed three relevant paragraphs (paragraph 4, 5 and 6).
Paragraph 4 states some provisions related to more adequate use of compulsory licensing mechanism of TRIPS agreement by all WTO members.
Provisions of Paragraph 5 are very supportive for the health objectives of LDCs.
Whenever any member country will face the problem of national emergency or other circumstances of extreme urgency related to public health crises (for example, abrupt hike in patients of HIV/AIDS, tuberculosis, malaria and other epidemics).
In this situation, every member country will carry the right of medical emergency determination.
Each member country is free to create its own IP regime related to CL mechanism up to certain circumstances.
Paragraph 6 provisions were responsible for the delegation of a General Council to circumvent the issues related to allowing generic versions of life saving drugs those made under the compulsory licensing to be exported to countries that lack production capacity.
On August 30, 2003, General Council established some new provisions to approve the CL mechanism with some certain conditions and procedures.
This temporary report of the General Council containing provisions related to compulsory licensing was permanently accepted by WTO members in 2005.
Amended paragraph (f) of article 31 provides significant flexibility to LDCs for enjoying the compulsory licensing mechanisms during certain medical emergencies.
Threatening diseases like AIDS, Cancer are most commonly found in these poor countries.
Many other reasons are also responsible for the severity and morbidity of these diseases.
If these LDCs have their own patents or some protected drugs to cure the diseases like AIDS and Cancer, then it will be great relief for those concerned patients.
Generally, pharmaceuticals companies of LDCs do not have much protected life saving drugs.
Due to lack of their own protected drugs, these companies are not able to sell life saving drugs at affordable prices.
LDCs and some developing countries (Brazil, China, Canada, India, and Thailand) are enjoying compulsory licensing mechanism of TRIPS agreement to resolve out the problem of life saving drugs availability at affordable prices.
Compulsory licensing mechanism is very purposeful in achieving the public health targets like the availability of life saving drugs at affordable prices.
First time, compulsory licensing (CL) procedure was approved by Paris convention and TRIPS agreement.
After some time, Doha declaration added some amendments in the pre-existed procedure such as all members of TRIPS agreement can import patent protected products except some countries.
Doha declaration purposed three relevant paragraphs (paragraph 4, 5 and 6).
Paragraph 4 states some provisions related to more adequate use of compulsory licensing mechanism of TRIPS agreement by all WTO members.
Provisions of Paragraph 5 are very supportive for the health objectives of LDCs.
Whenever any member country will face the problem of national emergency or other circumstances of extreme urgency related to public health crises (for example, abrupt hike in patients of HIV/AIDS, tuberculosis, malaria and other epidemics).
In this situation, every member country will carry the right of medical emergency determination.
Each member country is free to create its own IP regime related to CL mechanism up to certain circumstances.
Paragraph 6 provisions were responsible for the delegation of a General Council to circumvent the issues related to allowing generic versions of life saving drugs those made under the compulsory licensing to be exported to countries that lack production capacity.
On August 30, 2003, General Council established some new provisions to approve the CL mechanism with some certain conditions and procedures.
This temporary report of the General Council containing provisions related to compulsory licensing was permanently accepted by WTO members in 2005.
Amended paragraph (f) of article 31 provides significant flexibility to LDCs for enjoying the compulsory licensing mechanisms during certain medical emergencies.
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