Implementation of
Download
1 / 4

Reducing harm caused by monopoly rights or increasing it? - PowerPoint PPT Presentation


  • 102 Views
  • Uploaded on

Implementation of TRIPS Agreement and DR-CAFTA in the National Legislation of Six Countries: Consequences for Access to Medicines. Reducing harm caused by monopoly rights or increasing it?. The cases of Guatemala, El Salvador, Honduras, Nicaragua, Dominican Republic

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about ' Reducing harm caused by monopoly rights or increasing it?' - colin


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript

Implementation of TRIPS Agreement and DR-CAFTA in the National Legislation of Six Countries: Consequences for Access to Medicines

Reducing harm caused bymonopoly rights or increasing it?

The cases of Guatemala, El Salvador, Honduras, Nicaragua, Dominican Republic

and Costa Rica (in process)


Main Finding:Not making use of opportunities for interpretationOn the contrary, these national laws contain excessive restrictions for access policy as:

  • Unnecessary limitations for applying the safeguards established in the TRIPS Agreement and affirmed in the Doha Declaration, especially for issuing compulsory licences – the only remaining means to restore competition

  • Lack of any solutions to by-pass the CAFTA provision that obliges to reject the market approval of generics relying on previously submitted test data when that product is on patent – e.g. an option could be to determine that a compulsory licence involves the suspension of this exclusivity


Main Conclusion:Civil Society and Social Movements need to look carefully at these laws and advocate for changes in wording and implementation

  • Using all possibilities for positive interpretation of international/regional trade agreements in order to give priority to the right to health over profit

  • Urging to establish a competent decision body for determining the appropriate measures in order to protect access to medicines against exclusive rights

  • Building international alliances which are capable to promote evaluations and modifications of the harmful provisions of TRIPS Agreement & DR-CAFTA

  • Should we formulate a complementary MDG:“to halt and begin to reverse the spread of monopoly rights on vital knowledge”



ad