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Evergreening and Trips

The document discusses the TRIPS Agreement and its provisions related to intellectual property protections for patented inventions. It notes that the TRIPS Agreement provides patent protection for 20 years, and requires that patents be available in all fields of technology without discrimination. It also recognizes members' right to adopt public health measures if consistent with TRIPS. The Doha Declaration affirmed flexibilities in TRIPS to support public health. The document raises questions about developing countries' adherence to TRIPS with respect to public health and access to medicines.

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sai kiran gudiseva
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86 views10 pages

Evergreening and Trips

The document discusses the TRIPS Agreement and its provisions related to intellectual property protections for patented inventions. It notes that the TRIPS Agreement provides patent protection for 20 years, and requires that patents be available in all fields of technology without discrimination. It also recognizes members' right to adopt public health measures if consistent with TRIPS. The Doha Declaration affirmed flexibilities in TRIPS to support public health. The document raises questions about developing countries' adherence to TRIPS with respect to public health and access to medicines.

Uploaded by

sai kiran gudiseva
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Evergreening And Trips

The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
1. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
2. What are the options available for the countries that face health crises?24

Evergreening And Trips


The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
3. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
4. What are the options available for the countries that face health crises?24
Evergreening And Trips
The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
5. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
6. What are the options available for the countries that face health crises?24

Evergreening And Trips


The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
7. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
8. What are the options available for the countries that face health crises?24

Evergreening And Trips


The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
9. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
10. What are the options available for the countries that face health crises?24

Evergreening And Trips


The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
11. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
12. What are the options available for the countries that face health crises?24

Evergreening And Trips


The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
13. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
14. What are the options available for the countries that face health crises?24

Evergreening And Trips


The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
15. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
16. What are the options available for the countries that face health crises?24
Evergreening And Trips
The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
17. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
18. What are the options available for the countries that face health crises?24

Evergreening And Trips


The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
19. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
20. What are the options available for the countries that face health crises?24

Evergreening And Trips


The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
21. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
22. What are the options available for the countries that face health crises?24
Evergreening And Trips
The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
23. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
24. What are the options available for the countries that face health crises?24

Evergreening And Trips


The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
25. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
26. What are the options available for the countries that face health crises?24

Evergreening And Trips


The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
27. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
28. What are the options available for the countries that face health crises?24
Evergreening And Trips
The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
29. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
30. What are the options available for the countries that face health crises?24
Evergreening And Trips
The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
31. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
32. What are the options available for the countries that face health crises?24
Evergreening And Trips
The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
33. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
34. What are the options available for the countries that face health crises?24
Evergreening And Trips
The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
35. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
36. What are the options available for the countries that face health crises?24
Evergreening And Trips
The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
37. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
38. What are the options available for the countries that face health crises?24

Evergreening And Trips


The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
39. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
40. What are the options available for the countries that face health crises?24

Evergreening And Trips


The TRIPS Agreement provides for the negative monopoly over competitors or rivals from using patented
invention without consent of the patent holder for a term of 20 years irrespective of the field of technology. 20
TRIPS provides that patent shall be available for any inventions, whether product or processes, in all fields
of technology without discrimination, subject to normal tests of novelty, inventiveness and industrial
applicability. It is also required that patents be available and patent rights enjoyable without discrimination as
to the place of invention and whether products are imported or locally produced. 21 TRIPS Agreement
recognises that members have the right to use/adopt measures to protect public health so long as they are
consistent with TRIPS. Therefore the implementation of IP laws should be based on “pro-public health” and
“pro-access” principles.22 Doha Declaration is an affirmation of the flexibilities provided under the TRIPS
Agreement. But the language of the Doha Declaration laid emphasis on the importance of implementing and
interpreting the TRIPS Agreement in a way that supports public health.23
There arise several questions regarding adherence to the TRIPS Agreement in pharmaceutical sector
especially by developing and least developed countries concerning public health. N. Lalitha poses such
questions as follows:
41. Would the TRIPS Agreement and product patent regime affect access to medicines for the public?
42. What are the options available for the countries that face health crises?24

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