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:: Volume 25, Issue 6 (3-2018) ::
sjimu 2018, 25(6): 171-184 Back to browse issues page
Human Rights Obligations and Commitments Related to Patent Pharmaceutical Innovations According to the TRIPS Agreement: Conflict or Interact, Interests of Individuals and Governments
Alireza Shirmohammadi 1, Liela Raeisi 2, Masoud Raei dahaghi 1
1- Dept of International Law, Faculty of Law ,Jurisprudence and Islamic education ,Islamic Azad University, Najaf Abad Branch, Najaf Abad ,Iran
2- Dept of International Law, Faculty of Law ,Jurisprudence and Islamic education ,Islamic Azad University, Najaf Abad Branch, Najaf Abad ,Iran , reisi.liela@gmail.com
Abstract:   (668 Views)
Introduction: The observance of human rights requirements as a general rule in concluding international agreements, such as the WTO agreements, is necessary and, accordingly, a commitment to guarantee the right to access basic medicines as one of the titles and examples of the right to health, which has a meaningful relationship.  It also has the right to live which is inevitable for governments.
 
Materials & Methods: The present study uses a descriptive-analytical method to determine the provisions of the International Covenant on Economic, Social, and Cultural Rights on the Right to Access to Essential Medicines as Human Rights, which can be considered as one of the examples of support for pharmaceutical innovations. The patent that is protected by the World Trade Organization's Trips agreement as a trade-mark of intellectual property rights is protected by the definition of private law.
 
Findings: Based on the provisions of the Trips Agreement on Patents, including Articles 27 and 28, the holder holds the exclusive intellectual property right to manufacture, use, supply for sale, and sale or import, which can challenge the access to medicines. The underlying cause and the increase in the cost of such drugs, and this in particular, makes it difficult for developed  and less developed countries to respect the commitment to support and enforce access to essential medicines.
 
Discussion & Conclusions: In addition to the provisions of the Trips Agreement on limited exceptions and compulsory licenses, the approval of the Doha Summit Declaration on the Trips and Public Health Agreements, as well as the issuance of the Trips Council Decision on the implementation of the provisions of paragraph 6 of this Declaration, are considered as solutions. It has been considered that this Declaration has actually resolved the conflict between the provisions of this agreement and the human rights requirements.
 
Keywords: Human rights obligations, TRIPS Agreement, Access to essential drugs, Patent, Compulsory licenses
Full-Text [PDF 375 kb]   (433 Downloads)    
Type of Study: Research | Subject: economy
Received: 2017/04/13 | Accepted: 2017/12/24 | Published: 2018/03/14
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Shirmohammadi A, Raeisi L, Raei dahaghi M. Human Rights Obligations and Commitments Related to Patent Pharmaceutical Innovations According to the TRIPS Agreement: Conflict or Interact, Interests of Individuals and Governments. sjimu. 2018; 25 (6) :171-184
URL: http://sjimu.medilam.ac.ir/article-1-4247-en.html


Volume 25, Issue 6 (3-2018) Back to browse issues page
مجله علمی پزوهشی دانشگاه علوم پزشکی ایلام scientific journal of ilam university of medical sciences
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