TRIPS & Public Health (With Special Reference to Doha Declaration & Indian Patents Law)

Abstract

World Trade Organization TRIPS Agreement in 1995 has completely altered the international intellectual property system. The harmonization of basic intellectual property standards has operated to protect investment in innovation. But these same harmonized standards had stridently condensed the traditional capacity of suppliers of public goods, such as health care and nutrition, who were catering to the priority needs of developing countries. The paper briefly examines the emergence of TRIPS and the relevant concepts as well as the provisions under the TRIPS pertinent to the access to medicine and the implications of Doha round on public health and access to medicine with special reference to Indian scenario. Through this paper an attempt has been made to critically appraise the controversies surrounding the TRIPS agreement with reference to pharmaceuticals and public health.