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Facilitating compulsory licensing under TRIPS in response to the AIDS crisis in developing countries

Lidgard, Hans Henrik LU and Atik, Jeffery (2006) p.49-64
Abstract
The AIDS crisis in the developing world has become a priority for international collaboration. The challenge is to find a balance between the acknowledged need to protect large investments expended in developing new medicines and the goal of providing essential medicines to poor countries. Patent protection must prevent undue infringement yet at the same time allow solutions to humanitarian needs. Is compulsory licensing a way out? TRIPS originally restricted compulsory manufacturing licenses to the country experiencing a public health emergency – which was of little utility to countries lacking manufacturing capacity. The Doha agreement effectively permits twinned compulsory licensing – a distribution and use license in countries... (More)
The AIDS crisis in the developing world has become a priority for international collaboration. The challenge is to find a balance between the acknowledged need to protect large investments expended in developing new medicines and the goal of providing essential medicines to poor countries. Patent protection must prevent undue infringement yet at the same time allow solutions to humanitarian needs. Is compulsory licensing a way out? TRIPS originally restricted compulsory manufacturing licenses to the country experiencing a public health emergency – which was of little utility to countries lacking manufacturing capacity. The Doha agreement effectively permits twinned compulsory licensing – a distribution and use license in countries experiencing a public health emergency and a manufacturing-for-export license in countries possessing appropriate manufacturing capacity. These changes make possible, at least in principle, a greater source of supply of generic pharmaceuticals for use in those least developed countries confronting the AIDS crisis. It is still early to evaluate the results from the Doha agreement, but it appears that the agreed measures may entice ordinary market forces to start making contributions to an improving situation. (Less)
Please use this url to cite or link to this publication:
author
and
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
law, rättsvetenskap, essential medicines, developing countries, health emergecy, compulsory licensing, DOHA agreement, AIDS crises
host publication
Corporate and employment perspectives in a global business environment
editor
Blanpain, Roger and Flodgren, Boel
pages
49 - 64
publisher
Kluwer
ISBN
904112537X
language
English
LU publication?
yes
id
d05b49cf-4ed0-48a6-90c0-b116867e74b8 (old id 595716)
date added to LUP
2016-04-04 12:25:22
date last changed
2018-11-21 21:10:52
@inbook{d05b49cf-4ed0-48a6-90c0-b116867e74b8,
  abstract     = {The AIDS crisis in the developing world has become a priority for international collaboration. The challenge is to find a balance between the acknowledged need to protect large investments expended in developing new medicines and the goal of providing essential medicines to poor countries. Patent protection must prevent undue infringement yet at the same time allow solutions to humanitarian needs. Is compulsory licensing a way out? TRIPS originally restricted compulsory manufacturing licenses to the country experiencing a public health emergency – which was of little utility to countries lacking manufacturing capacity. The Doha agreement effectively permits twinned compulsory licensing – a distribution and use license in countries experiencing a public health emergency and a manufacturing-for-export license in countries possessing appropriate manufacturing capacity. These changes make possible, at least in principle, a greater source of supply of generic pharmaceuticals for use in those least developed countries confronting the AIDS crisis. It is still early to evaluate the results from the Doha agreement, but it appears that the agreed measures may entice ordinary market forces to start making contributions to an improving situation.},
  author       = {Lidgard, Hans Henrik and Atik, Jeffery},
  booktitle    = {Corporate and employment perspectives in a global business environment},
  editor       = {Blanpain, Roger and Flodgren, Boel},
  isbn         = {904112537X},
  language     = {eng},
  pages        = {49--64},
  publisher    = {Kluwer},
  title        = {Facilitating compulsory licensing under TRIPS in response to the AIDS crisis in developing countries},
  url          = {https://lup.lub.lu.se/search/files/6001478/4004971.pdf},
  year         = {2006},
}