Article

The Implementation of Trips Flexibilities and Public Health: a Critical Analysis of the Position in India | Original Article

Krati Rajoria* in Shriji Socio-Legal Journal | Law

ABSTRACT:

In the beginning of the year 2018 a network of civil society organisations held a global summit on intellectual property and public health. The idea behind the convening of this summit was to review the position of public health in the light of TRIPS agreement and the non-implementation of TRIPS flexibilities. This summit is an indicator of the fact that even after several steps taken by governments of different member states of TRIPS such as the Doha declaration, Nations overlook the TRIPS flexibilities in their free trade agreements. This raises serious public health concerns. The research paper aims to analyse the need to provide intellectual property protection by signing an International Agreement the impact of TRIPS Agreement on developing countries like India the purpose of introduction of certain flexibilities under the TRIPS Agreement, their non-implementation and its consequences. The paper is divided into four parts Part I discusses the background for the introduction of TRIPS Agreement as a part of WTO PART II analyses the flexibilities available for the purpose of safeguarding public health PART III highlights the patent regime under TRIPS and its impact on public health PART VI is the conclusion and suggestions to deal with the present situation and the way forward.

 

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