حماية المنتجات الدوائية في ظل اتفاقية تريبس

Abstract

The advancement of the pharmaceutical industries is critical in advancing the wheel of sustainable development in its aspect related to achieving public health goals, by facilitating access to medicines at a reasonable cost to everyone who needs them, particularly the people of developing countries, which prompted the international community to pay attention to the issue of pharmaceutical product protection, given its connection to public health. Intellectual property rights, on the one hand, and the right to health, on the other, necessitate the establishment of an international organization to serve as a cornerstone when developing national legislation, and the World Trade Organization (WTO) played a key role in establishing this international organization. As a result, the latter had to take advantage of all the flexibilities provided by the TRIPS Agreement, such as activating the system of voluntary and compulsory drug licensing, devoting exceptions to release and rights granted, and moving toward parallel import, to mitigate the negative effects of the agreement's provisions, which impacted the most essential human right, the right to health, and served as a springboard for industrialized nations to impose TRIPS-PLUS free trade agreements with more rigorous terms than the TRIPS Agreement, while worldwide attempts to alleviate those consequences persisted. Meanwhile, international efforts to mitigate these negative effects continued, beginning with the Doha declaration of 2001 and its decisions and amendments to the TRIPS Agreement, and continuing through the efforts of various international organizations (the World Intellectual Property Organization WIPO, the World Health Organization WHO, and the World Trade Organization (WTO) within the framework of the United Nations Sustainable Development Plan for the year 2030.