© 2004 by Oxford University Press
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WTO DECISION ON IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH: A SOLUTION TO THE ACCESS TO ESSENTIAL MEDICINES PROBLEM?
1 Senior Lecturer and Senior Research Fellow, Intellectual Property Research Institute, Centre for Commercial Law Studies, Queen Mary, University of London
The need for a legal solution to the compulsory licence problem was outlined in the Doha Declaration on the TRIPS Agreement and Public Health of 14 November 2001. The agreement subsequently reached by WTO Members on 30 August 2003 in response to paragraph 6 of the Doha Declaration is seen as key to improving access to essential medicines in developing countries. This article re-examines the negotiations that led to the 30 August agreement and assesses its likely impact. It then argues that compulsory licensing is one of a range of policy approaches that will ultimately assist in improving access to essential medicines in developing countries. The article suggests that a long-term achievement of the Doha-based negotiations is likely to be in refocusing attention on the potential of other measures that can operate alongside compulsory licensing provisions. It concludes that the debate about the Doha Declaration and compulsory licensing is part of a much wider problem and the solution requires a mix of policy initiatives.