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Using TRIPS flexibilities to facilitate access to medicines CQU.pdf (912.21 kB)

Using TRIPS flexibilities to facilitate access to medicines

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Version 2 2022-09-13, 22:56
Version 1 2021-01-17, 11:21
journal contribution
posted on 2022-09-13, 22:56 authored by D Nicol, Olasupo Owoeye
The problem of how to mitigate the impact of pharmaceutical patents on the delivery of essential medicines to the world's poor is as far from being resolved as it has ever been. Extensive academic commentary and policy debate have achieved little in terms of practical outcomes. Although international instruments are now in place allowing countries to enact legislation that permits the generic manufacture of patented pharmaceuticals, many countries have not yet enacted appropriate legislation and most of those that have yet to make use of it. One major problem is that the requirements of international instruments and implementing legislation are seen as being so stringent as to be unworkable. This paper calls for fresh attempts to enact workable legislation that fits within the prescribed requirements of international law without going beyond them. It argues that high-income nations should refocus on their moral obligation to enact appropriate legislative mechanisms and provide appropriate incentives for their use. Draft legislation currently being considered in Australia is used to illustrate how workable legislative frameworks can be developed.

History

Volume

91

Issue

7

Start Page

533

End Page

539

Number of Pages

7

eISSN

1564-0604

ISSN

0042-9686

Publisher

World Health Organization (WHO)

Additional Rights

CC BY-NC 3.0 IGO

Peer Reviewed

  • Yes

Open Access

  • Yes

Acceptance Date

2013-04-03

External Author Affiliations

University of Tasmania

Era Eligible

  • Yes

Journal

Bulletin of the World Health Organization

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