Waiver Solution in Public Health and Pharmaceutical Domain Under TRIPS Agreement

Journal of Intellectual Property Rights, Vol. 16, pp. 470-476, November 2011

7 Pages Posted: 21 Jun 2012

Date Written: November 1, 2011

Abstract

WTO adopted the waiver solution in compulsory licensing, beginning from the Doha Declaration to the amendment of TRIPS Agreement, to facilitate access to medicine to the countries lacking manufacturing capacity. This article examines challenges faced by countries while issuing compulsory licensing; waiver decision with regard to Article 31(f) and 31 (h) of TRIPS Agreement. The article further analyses the causes as to why the waiver solution has not been as effective as it was hoped and envisages an increase in its importance in the coming days.

Keywords: waiver solution, compulsory licensing, public health, pharmaceutical, TRIPS, Rojina Thapa

JEL Classification: K33, F19, I18

Suggested Citation

Thapa, Rojina, Waiver Solution in Public Health and Pharmaceutical Domain Under TRIPS Agreement (November 1, 2011). Journal of Intellectual Property Rights, Vol. 16, pp. 470-476, November 2011, Available at SSRN: https://ssrn.com/abstract=2088705

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