Reconciling Issues Sample Clauses

Reconciling Issues. This paper set out to critically analyse the extent to which the TRIPS Agreement actually protects public health in developing countries. It was the aim of the paper to discuss the legal options available to developing countries on access to cheap pharmaceuticals. Furthermore, it was the aim to analyse the conflict of interests between profit and public access to pharmaceuticals. The paper has been well informed by various sources on what is currently obtaining in the area of access to pharmaceuticals for people in developing countries. After tracing the historical development and adoption of the TRIPS Agreement and analysing the difficulties being encountered in its implementation, it is my well reasoned conclusion that the TRIPS Agreement is a business document established or masterminded by large pharmaceutical companies aiming to reap as much profit as they possibly can from the market. The only unfortunate thing is that much as profit in a business enterprise would be justifiable, when it comes to essential medicines, the situation changes. The need to balance the demands of companies with the public access to the innovations becomes crucial. At the conclusion of this paper, there is still no concrete solution of how this could be done. On one hand a reward must be given to the inventor (company) and on the other hand human rights such as health must be considered. Much as the TRIPS Agreement makes provision for flexibilities of how developing country governments could access cheap drugs that is to say by using parallel imports and compulsory licensing, as a way of balancing the conflicting interests, the TRIPS Agreement has made no provision for the implementation of these provisions. Governments are supposed to be free to decide how they will implement them, but it goes without saying that most developing country governments are unable to implement them. They neither have the resources nor the competence to undertake such ventures. Basically, the flexibilities favour industrialised nations who have manufacturing capacities and are able to parallel import essential drugs. We have seen how this has been done in chapters two and three. This actually reflects the unfairness embodied in the TRIPS Agreement. At Doha, ministers realised this lacuna and tasked the TRIPS Council to find a lasting solution to the dilemma faced by countries without manufacturing capacities wishing to use the TRIPS flexibilities. It is with regret that I note here that long pas...
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