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Trips Agreement Hiv
But at this time of opportunity, the sustainable future of HIV treatment programs remains a concern. Countries are facing increasing challenges in producing or obtaining affordable HIV treatment, including cuts to AIDS funding and increasingly restrictive intellectual property measures in free trade agreements. A particularly controversial set of rules in the agreement concerns possible but limited exceptions to the provisions of the agreement, namely apical flexibilities. Among the flexibilities of TRIPS, compulsory licences and parallel imports are by far the most discussed exceptions to the ON TRIPS agreement. The term “compulsory licence” refers to a government decision to authorize a company to manufacture the patented drug without the consent of the right holder, while “parallel imports” refer to products marketed by the patent holder in one country and imported to another country without the consent of the right holder. These flexibilities are permitted under the TRIPS agreement in an attempt to reconcile the intent to promote access to existing medicines and promote research and development on new drugs, but they must be interpreted in light of the patent holder`s rights protection (World Health Organization, 2020). European Commission (2018). EU-Vietnam trade and investment agreement. Brussels, 38-39. Available at the following address: This article, which provides the opportunity to extend the duration of a patent holder`s exclusive right beyond its invention beyond the 20-year period set by the TRIPS agreement, has a significant impact on Vietnam`s ability to access affordable medicines, since patent protection implies that a creation cannot be commercially manufactured. , imported or sold by others without the consent of the patent holder. The TRIPS agreement put an end to this diversity when all members applied for 20-year patents in all areas of technology; In practice, this requirement meant that, for the first time, many developing countries had to start offering patents on pharmaceuticals.
As TRIPS were part of the WTO package, countries wishing to remain wto members could not decide not to oppose TRIPS or to express reservations about the treaty (unlike many other international agreements). In the following years, most developing countries experienced a wave of intellectual property reforms in response to TRIPS commitments . The political leeway that countries once had to design IP systems to meet their development needs has been significantly reduced. These provisions, which limit the ability to use the flexibilities allowed by the TRIPS agreement, tend to maximize the profits of the most prosperous countries relative to the public health of developing countries by limiting competition between generic and patented medicines. There are a number of studies that have identified data exclusivity as one of the elements of free trade agreements that affect the price of drugs available on the market by limiting the possibility of international competition in this particular area. According to Oxfam (2007), Jordan was relying mainly on generic drugs before the year 2000, but the 2001 free trade agreement between the United States and Jordan “resulted in a 20% increase in drug prices and delayed the entry of generic drugs for 79% of new imported drugs” (Malpani, 2007, p. 2). In addition, drug prices were two to ten times higher than those in Egypt, which had no TRIPS Plus policy, and “additional spending on non-generic drugs was estimated at between $6.3 million and $22.04 million” (Malpani, 2007, p. 2).