Could Compulsory Licensing be a Solution to the Emerging Issues in Health and Human Rights?

The most well- known manifestation of the challenge to fair access to healthy medicines appears in the Declaration on the TRIPS- Agreement and Public Health (Public Health Declaration) adopted in November 2001 as part of the launch of a new round of WTO trade talks in Doha. The Declaration responds to the claim by developing Nations that they are unable to afford the patented pharmaceuticals needed to address the massive HIV/AIDS crisis within their borders. It grants least developed Countries an additional ten years before they must protect pharmaceuticals, and it confirms the principle of balanced intellectual property protection already rooted in diverse clauses of TRIPS. The Public Health Declaration applies only to the narrow, although politically charged, issue of access to patented medicines.
In this context, this research would investigate the present compulsory licensing system in relation to the necessity of public health focusing on the right to life, the right to health and the right to benefit from scientific progress.

Project category: Forschungsprojekt

Project Status: laufend

Tutor: Jaeger, T.

Project Participants: Dr. Falletti, E.

Organisational Status: Einzelprojekt

Geographical Order: Europa