The Role of the TRIPS Agreement in the Global Health Policy

Abstract

This note provides an overview of the role of the TRIPS Agreement as part of the global health policy. It examines how various policy considerations, in particular the need to balance the long-term social objective of providing incentives for future inventions and the short-term objective of allowing people to access and use existing inventions, are reflected in the provisions of the TRIPS Agreement relating to public health. It reviews the WTO’s work on these matters over the past few years, including two legal instruments adopted by WTO Members. It also summarizes relevant jurisprudence under the WTO’s dispute settlement mechanism. Finally, it looks at the broader picture with respect to access to medicines. This note is meant for informational purposes and does not take a particular position on any of the issues reviewed. Rather, it is hoped that it will contribute to an informed debate on the role of the TRIPS Agreement in public health matters.

Details

Publisher:
Stanford University Stanford, California
Citation(s):
  • Roger Kampf and Hannu Wager, The Role of the TRIPS Agreement in the Global Health Policy, vol 5 Stanford Journal of Law, Science & Policy 17 (2011).
Related Organization(s):