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Trips Agreement Health

16. However, Section 168 of the Australian Patent Act and Section 55, paragraph 2 of the New Zealand Patent Act allow exports under an agreement with a foreign country to provide products necessary for the defence of that country. Articles 48B (d) and (i) of the UK Patent Act provide for a compulsory licence for a patent whose holder is not the holder of the WTO if, for reasonable reasons, the patent holder does not lay off the patent, meaning that a market for the export of a patented product from the United Kingdom is not delivered. Article 45 G of Argentina`s patent law authorizes the issuance of a compulsory licence that does not apply primarily to domestic markets where necessary to remedy anti-competitive practices or in the event of a health or national security emergency. On 14 November 2001, the WTO issued a landmark declaration in Doha, Qatar. Member State governments have agreed to an independent declaration on the membership agreement and its role in reducing public health crises around the world (9). The ON TRIPS agreement was the subject of three main concerns, which were raised in the Doha Declaration (5). First, there were doubts as to whether Member States would set out the TRIPS agreement in a way that would promote public health. To address these doubts, Member States reaffirmed, in paragraph 4 of the declaration, the compatibility of the agreement with public health and the right of Member States to interpret the agreement with a view to improving public health crises. While it is true that provisions relating to the protection of public health have in principle been reaffirmed under the TRIPS agreement, many challenges remain.

The implementation of flexibility has been hampered by the lack of capacity in many LMICs. More intransigent, there have been strong inequalities of power and influence between commercial nations, making MRCs vulnerable to the thinking of allowing the globalization of intellectual property to protect broader commercial and economic interests. Such inequalities are manifested in more adopted proposals or TRIPS measures that will restore the primacy of trade over public health objectives. Each year, the TRIPS Council reviews the specific system of compulsory licences and reports to the WTO General Council on how it was implemented and used, its operational context and its status as a change in TRIPS. Discussions have become more detailed since 2010, after the use of the system by Canada and Rwanda, and now cover a wider range of issues, such as the operational requirements of the system. Since 2005, the system has also been at the centre of an annual series of workshops on CAPACITy building on TRIPS and public health. Grace C: Update of China and India and access to medicines. Briefing Paper. 2005, uk Department for International Development, London, [www.dfidhealthrc.org/what_new/Final%20India%20China%20Report.pdf] Critics of this recommendation could argue that the obligation of these provisions infringes on the sovereignty of a nation; However, this must be considered as a whole within the framework of the TRIPS agreement.

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