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Sur. Revista Internacional de Direitos Humanos
On-line version ISSN 1983-3342
CORREA, Carlos M.. TRIPS agreement and access to drugs in developing countries. Sur, Rev. int. direitos human. [online]. 2005, vol.2, n.3, pp. 26-39. ISSN 1983-3342. http://dx.doi.org/10.1590/S1806-64452005000200003.
The TRIPS Agreement brought about very important changes in international standards relating to intellectual property rights. Because of its far-reaching implications it is one of the most controversial components of the WTO system. On the initiative of developing countries, the concerns raised regarding the implications of the TRIPS Agreement on public health were reflected in the adoption of the Doha Declaration on the TRIPS Agreement and Public Health, in 2001. The Declaration was followed by a Council for TRIPS Decision in 2003 on the implementation of its paragraph 6. In this article, the author states that as adopted, the implementation of paragraph 6 is unlikely to put strong pressure on patent owners to lower their prices or negotiate voluntary licenses. The author highlights that controversies are likely to continue, especially as developed countries seek TRIPS-plus protection via interpretation or negotiation of bilateral and regional agreements, and as patents over trivial developments are granted and used to block or delay generic competition.
Keywords : Trade; Intellectual property; WTO; Doha Declaration; Health.