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TRIPS agreement permits patenting of drugs, which are generally made with huge investment in research and development. The provisions of TRIPS safeguard the interest of drug makers who invest huge amount of resources in research and development for developing new medicines and drugs. From the perspective of developing nations, where most of the population are poor, there is a huge public health concerns in terms of accessibility and affordability of drugs, because it not only creates dependency on one or few licensed drug manufacturers but also due to monopoly situation, the price of those drugs become very costly. However, there are also different provisions of TRIPS which take care of public health concerns of the member countries by allowing flexibilities in adopting patentability criteria and also allow them to adopt certain measures if there is a serious threatening on public health interest in their nations. This article examines some of the provisions under TRIPS which can provide safeguard to the countries from the adverse affect of patent regime and ensure their smooth accessibility and affordability. It also argues that despite different challenges being faced by the developing nations to address public health problems under patent regime, there are possibilities which the developing nations can exploit to achieve effective balance between both corporate objective and public health concerns.
Journal | European Academic Research |
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Publisher | Academic Publishing House Researcher |
ISSN | 2286-4822 |
Open Access | No |