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TRIPS and Access to Medicine: Recent Developments in Canada and Europe

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Chapter Summary

This chapter examines reform process, beginning with reforms at the World Trade Organization (WTO), namely the 2001 Doha Declaration on TRIPS and Public Health, followed by the TRIPS Council 2003 decision on the Implementation of Paragraph 6 of the declaration. It argues that the process has made an important contribution to the issue of improved access, particularly for countries such as Brazil having strong domestic capacity to produce generics. For developing countries without that capacity, many among the most severely HIV-affected countries in the world, the chapter argues that the WTO reform process has been less successful. The chapter specifically examines the Canadian and European Union (EU) patent law reforms and argues that they may not have a large impact on access to HIV medications in the developing world. The chapter concludes that reforms should be understood as only one of a variety of strategies to secure access to medications.

Keywords: access; Canada; Doha declaration; Europe; HIV; medicine; reforms; TRIPS; World Trade Organization (WTO)



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