Has the Implementation of the TRIPS Agreement Favored Public Health Policy?

摘要

The WTO TRIPS Agreement establishes minimum standards regarding Intellectual Property Rights (IPR), including patent protection for Pharmaceuticals; therefore, it may act as a barrier to access to medicines in developing and least developed countries. This study aims to determine if TRIPS implementation in Latin American and Caribbean countries has generated public health sensitive patent legislation. Patent term, subject of matter, transition periods, reversal of the burden proof, exhaustion of rights, compulsory licensing, and early working exception were considered in the analyses. Results have shown that countries did not incorporate all flexibilities allowed under TRIPS and are not adequately using the mechanisms and provisions that can enable WTO members to obtain better public health results, particularly regarding access to medicines.