The Impact of Compulsory Licensing on Access to Life-saving Medicines in Low-income Countries under the WTO’s TRIPS Agreement
(2025) HARN63 20251Department of Business Law
- Abstract
- This thesis explores the function of compulsory licensing established by the World Trade Organisation’s TRIPS Agreement, which serves as a legal means to enhance access to essential medications in low-income countries. The study examines the conflict between intellectual property rights and the right to health, highlighting the flexibilities within TRIPS and their interpretation as emphasised in the Doha Declaration 2001. Using doctrinal and analytical legal methodologies, the thesis assesses the application of compulsory licensing in Thailand, Brazil, and India, analysing both the legal structures and the political-economic obstacles influencing its implementation.
The findings evidence that although compulsory licensing has decreased... (More) - This thesis explores the function of compulsory licensing established by the World Trade Organisation’s TRIPS Agreement, which serves as a legal means to enhance access to essential medications in low-income countries. The study examines the conflict between intellectual property rights and the right to health, highlighting the flexibilities within TRIPS and their interpretation as emphasised in the Doha Declaration 2001. Using doctrinal and analytical legal methodologies, the thesis assesses the application of compulsory licensing in Thailand, Brazil, and India, analysing both the legal structures and the political-economic obstacles influencing its implementation.
The findings evidence that although compulsory licensing has decreased drug prices and enhanced access to antiretrovirals and cancer therapies in some instances, its overall impact is limited by complex procedures, external political influence, and inadequate institutional capacity. Moreover, the study stresses the contributions of international organisations, civil society, and the pharmaceutical sector in influencing access to medications, and discusses the impact of global health crises, such as the COVID-19 pandemic, on the existing intellectual property framework.
The research asserts that compulsory licensing is an essential yet overlooked mechanism for balancing public health requirements with trade-related intellectual property commitments and suggests legal and policy strategies to improve its efficacy within the changing framework of global health governance. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9196384
- author
- Stanciu, Ioana Teodora LU and Lupasco, Anastasia LU
- supervisor
- organization
- course
- HARN63 20251
- year
- 2025
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- compulsory licensing, life-saving medicines, TRIPS Agreement, low-income countries, Intellectual Property Rights (IPRs), World Trade Organization (WTO), public health, pharmaceutical patents.
- language
- English
- id
- 9196384
- date added to LUP
- 2025-06-10 16:04:09
- date last changed
- 2025-06-10 16:04:09
@misc{9196384,
abstract = {{This thesis explores the function of compulsory licensing established by the World Trade Organisation’s TRIPS Agreement, which serves as a legal means to enhance access to essential medications in low-income countries. The study examines the conflict between intellectual property rights and the right to health, highlighting the flexibilities within TRIPS and their interpretation as emphasised in the Doha Declaration 2001. Using doctrinal and analytical legal methodologies, the thesis assesses the application of compulsory licensing in Thailand, Brazil, and India, analysing both the legal structures and the political-economic obstacles influencing its implementation.
The findings evidence that although compulsory licensing has decreased drug prices and enhanced access to antiretrovirals and cancer therapies in some instances, its overall impact is limited by complex procedures, external political influence, and inadequate institutional capacity. Moreover, the study stresses the contributions of international organisations, civil society, and the pharmaceutical sector in influencing access to medications, and discusses the impact of global health crises, such as the COVID-19 pandemic, on the existing intellectual property framework.
The research asserts that compulsory licensing is an essential yet overlooked mechanism for balancing public health requirements with trade-related intellectual property commitments and suggests legal and policy strategies to improve its efficacy within the changing framework of global health governance.}},
author = {{Stanciu, Ioana Teodora and Lupasco, Anastasia}},
language = {{eng}},
note = {{Student Paper}},
title = {{The Impact of Compulsory Licensing on Access to Life-saving Medicines in Low-income Countries under the WTO’s TRIPS Agreement}},
year = {{2025}},
}