Trips Agreement Definition

Unfortunately, the WTO did not reach an agreement before the end of 2002 (5). The main problem with compulsory licensing, as described in the TRIPS Agreement and its amendment, is that it is not defined as a minimum standard that nations must transpose into their national legislation to be TRIPS compliant. Rather, it is written as an option that Member States have to transpose into their national legislation. As a result, only five countries with the pharmaceutical capacity to be exporters under compulsory licensing have actually made progress in transposing these measures into their national legislation (18). If the Doha Declaration is seen as an accurate reflection of the feelings of nations, the provisions on compulsory licensing should be included in the TRIPS Agreement as an obligation for Member States. . . . .