Doha Declaration: Compulsory Licensing and Access to Drugs

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Ms. Kiran Kumari
Ms. Kiran Kumari
2
Dr. Ajay Sharma
Dr. Ajay Sharma

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The objective of our study was to evaluate, in a population of Togolese People Living With HIV(PLWHIV), the agreement between three scores derived from the general population namely the Framingham score, the Systematic Coronary Risk Evaluation (SCORE), the evaluation of the cardiovascular risk (CVR) according to the World Health Organization.
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This paper analyses compulsory licensing evolution phases and sheds light on reasons behind development especially after trade related aspects of intellectual property rights (TRIPS) provisions. Without patents, the innovators can neither be adequately compensated for their costs of research nor be encouraged for further research to develop new and improved products. Patent protection is therefore accepted as a necessary evil, despite its conflict with the competitions laws and human rights law (in case of pharmaceutical patents). Prior to Doha declaration pharmaceutical companies were enjoying the monopoly right because of patent protection regime for manufacturing, sale, and import the products which result into high cost of the patented products. Doha Conference on November 14, 2001 forced many countries to amend their patent rights for the purpose of compulsory licensing. This increased cost on patented molecules was a major hindrance for access to medicine. Public health officials considered Doha Declaration on compulsory licensing a positive approach in prioritizing public health over intellectual property rights.

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21 Cites in Articles

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Funding

No external funding was declared for this work.

Conflict of Interest

The authors declare no conflict of interest.

Ethical Approval

No ethics committee approval was required for this article type.

Data Availability

Not applicable for this article.

Ms. Kiran Kumari. 2019. \u201cDoha Declaration: Compulsory Licensing and Access to Drugs\u201d. Global Journal of Medical Research - B: Pharma, Drug Discovery, Toxicology & Medicine GJMR-B Volume 19 (GJMR Volume 19 Issue B1): .

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Journal Specifications

Crossref Journal DOI 10.17406/gjmra

Print ISSN 0975-5888

e-ISSN 2249-4618

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GJMR-B Classification: NLMC Code: QV 4
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v1.2

Issue date

April 8, 2019

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English

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This paper analyses compulsory licensing evolution phases and sheds light on reasons behind development especially after trade related aspects of intellectual property rights (TRIPS) provisions. Without patents, the innovators can neither be adequately compensated for their costs of research nor be encouraged for further research to develop new and improved products. Patent protection is therefore accepted as a necessary evil, despite its conflict with the competitions laws and human rights law (in case of pharmaceutical patents). Prior to Doha declaration pharmaceutical companies were enjoying the monopoly right because of patent protection regime for manufacturing, sale, and import the products which result into high cost of the patented products. Doha Conference on November 14, 2001 forced many countries to amend their patent rights for the purpose of compulsory licensing. This increased cost on patented molecules was a major hindrance for access to medicine. Public health officials considered Doha Declaration on compulsory licensing a positive approach in prioritizing public health over intellectual property rights.

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Doha Declaration: Compulsory Licensing and Access to Drugs

Ms. Kiran Kumari
Ms. Kiran Kumari
Dr. Ajay Sharma
Dr. Ajay Sharma

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