• Saving Lives: Canada''s Implementation of the Doha Declaration. The Aftermath of Canada''s Implementation of Paragraph 6 of the Doha Declaration on th

Lambert Academic Publishing
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(Shumani Gereda is an Attorney in South Africa. He holds a B.Iuris,LLB & two LLM degrees from Universities in S.A. & Toronto (Canada). He is also a Graduate Research Fellow of the Centre for Innovation Law and Policy at the University of Toronto, & co-author of "Telecommunications Law in South Africa" published in April 2006 by STE Publishers.)


Pharmaceutical product patents have recently become the focus of attention for health activists and governments worldwide, largely because of their direct effect on people''s lives and survival; particularly the thousands suffering from HIV/AIDS. On 30 August 2003, pursuant to the adoption of the Doha Declaration on TRIPs Agreement and Public Health [14/11/01], the WTO Council for TRIPs met to find a solution to the difficulty faced by countries with insufficient or no capacity to manufacture drugs. It was resolved that developed countries could now issue compulsory licenses for purposes of exporting HIV/AIDS drugs to developing countries. Prior to this resolution, compulsorily licensed products were restricted only to the domestic market of the country issuing the license. Canada became the first developed country to take the bold step of pledging that they will amend their patent laws for purposes of providing drugs to developing countries. This paper analyses the possible implications of Canada''s decision with respect to other developed countries, drug manufacturers, and the future of international patent protection generally.

MATERIAS: pharmaceutical, Patentschutz, Compulsory Licensing, Anti-retrovirals, Poor Countries