Public Health of the Developing Country of South Africa Essay

Abstraction

Surveies and statistics have put the cost of one twelvemonth demand of standard indispensable medical specialties needed for the intervention of AIDS at $ 4000 to $ 6000 in developing states like South Africa. This cost puts the medical specialties out of the range of most of the people infected by HIV in the development states. In order to do the medical specialties available to all the destitute people the cost should hold been at least 95 per centum less. The extortionate monetary value is because of the cost of the patents. The drugs protected by the rational belongings rights were required to handle diseases like Tuberculosis. in add-on to the interventions of HIV/AIDS. Such drugs besides included Hepatitis-B Vaccine.

There has been a uninterrupted unfavorable judgment by the societal militants and other public wellness associations. of the action by the World Trade Organization in doing the developing states implement the Trade-Related Aspects of Intellectual Property Rights ( TRIPS ) Agreement which deals with the protection of Intellectual Property rights associating to the indispensable drugs.

Thyminehey have besides been reprobating the attitude of the transnational companies in indulging in inordinate lobbying to take a firm stand on the execution of the IP rights protection which will hold the consequence of heightening their net incomes by bear downing extortionate monetary values for the drugs and for seting the indispensable drugs and wellness attention beyond the affordability of tonss of people in the underdeveloped states including South Africa.

However under such fortunes the relationship between the authorities of South Africa and the international pharmaceutical companies had non been a contributing one – thanks to the execution of the commissariats of TRIPS Agreement. On the determination of the South African Government to go through the Medicines and Related Substances Amendment Act in the twelvemonth 1997. 39 drug companies joined to originate legal action against the authorities.

The supplication of the drug companies is that the Act gave excessively much freedom of action to the Health Minister and he acted beyond the legitimate reading of TRIPS. It was the enterprise of South Africa to do life salvaging drugs available at low-cost monetary values. The state wanted to efficaciously use the compulsory licensing chances opened by TRIPS so that the monetary values of the drugs could be put under cheque. But since the action of the authorities posed a menace to the earning capacity of the international pharmaceutical companies they went to the extent of come ining into judicial proceeding with the authorities of South Africa.

  1. Introduction

TRIPS ( Trade Related Aspects of Intellectual Property Rights ) under the authorization of the WTO were founded to protect world-wide rational belongings rights. The understandings. regulating non merely more general rational belongings rights but besides those of the pharmaceutical industry. are reasonably rigorous doing many jobs for developing states particularly South Africa which is being ravaged by epidemics which includes AIDS.

Harmonizing to a statistical study by United Nations [ 1 ] 20 per centum of the grownup population in South Africa tests positive for HIV. The impact of the disease is such that the more than half a million kids have been declared orphans. It is besides reported that HIV/AIDS related diseases expect to cut down the mean life anticipation in South Africa by 20 old ages in the twelvemonth 2010. Therefore it can be inferred that the proviso of intervention of HIV/AIDS in South Africa is a high precedence issue [ 2 ] .

It has been necessary for South Africa to besiege portion of the TRIPS understandings in an attempt to protect its population. AIDS is taking great toll of the state go forthing households without parents and wellness attention infirmaries wholly unable to get by. The United States presently insists on the TRIPS understanding being purely adhered to and seems unable. or unwilling. to happen a manner to assist the developing states with this job. There have been some attempts made to assist them in this regard. for illustration compulsory licensing and parallel pricing and these methods will be examined in a ulterior subdivision.

The dialogue of the TRIPS Agreement has been construed as one that was forcibly introduced by the developing states against the expostulation of many of the underdeveloped states. The industrial anterooms ( transnational and multinational corporations ) have convinced the authoritiess of the developed states to associate the international trade with Intellectual Property Rights ( IPR ) so that the industrial promotion of the development states would be curtailed. This would automatically forestall imitation of engineerings and increase the returns on research and development for the developed states. Monopoly rights granted under IPR were chiefly intended to discourage the developing states from progressing on the industrialisation.

Therefore TRIPS Agreement and the protection of IPR have been used to guarantee the comparative advantage of the developed states in footings of the technological development. Under TRIPS states like India. Brazil which manufactures generic medical specialties would non hold the right to export such medical specialties with consequence from 01 January 2005. This is so despite the fact that the importation states do hold the several patents covering the drugs.

Specifically the least underdeveloped states have put a strong opposition to the demands of TRIPS particularly in the affair of allowing the protection rights for the merchandises and procedures. While developing states were required to implement the commissariats within one twelvemonth of making the Agreement. the developing states were given clip until the terminal of the twelvemonth 2004. In the affair of protection of rights of pharmaceutical merchandises the rental developing states have been allowed to detain the execution of TRIPS Agreement commissariats till the twelvemonth 2016.

The distinctive feature with the commissariats of TRIPS is that it allows any state to overrule the patent right under certain specific fortunes by utilizing the compulsory licensing process. For case when there is a deficit of drugs or the monetary values of the drugs are excessively high to do them unaffordable the state can overrule the patent if the prescribed processs are followed. This proviso of TRIPS presupposes that all the states do possess the needed fabrication installations which enable them to utilize the commissariats to bring forth generic medical specialties under extraordinary fortunes.

But unluckily many of the development and least developing states do non posses such installations. and hence they would be left with deficit of such drugs. In add-on they are besides non allowed to import the generics from those states that possess them. In any instance these states do non hold adequate power and administrative capablenesss to raise the TRIPS Agreement either due to the ground that they do non possess the know-how required to reengineer the drugs or they fear countenances from the US and the West [ 3 ] .

  1. TRIPS Agreement under WTO

The TRIPS Agreement is frequently thought of as one of the three “pillars” of the WTO ( World Trade Organization ) . trade in goods and services being the other two. [ 4 ]

TRIPS. ab initio portion of GATT. But going portion of the WTO brief. was founded to guarantee that protection of rational belongings rights was non. of itself. an obstructor to merchandise and to increase cooperation between members. Under the TRIPS understanding each member province has an duty to handle all other member provinces every bit. The WTO negotiates between members and helps them to understand and transport out the regulations and ordinances they have signed up to. It besides aids cooperation between members and Acts of the Apostless as a watchdog to guarantee that the understanding is adhered to.

Marketing rights of a patent. when first applied for. are given for a period of 5 old ages or until the patent is eventually approved ( whichever is the shorter period ) but even during this period members must follow with the regulations and ordinances as set out in Articles 3 and 4.

Because of the nature of the understanding particularly as respects pharmaceuticals. it was decided that minimal criterions could be used. the USA prefers the higher criterions but accepts the lower limit as the underdeveloped universe does non hold the capacity to work to the higher criterions at the present clip. Public consciousness of the serious issue of AIDS and other diseases has led to the belief ( by the WTO ) that wellness must. in the concluding analysis. come before understandings since the spread of AIDS can non be the exclusive duty of one state.

In seeking to bridge the spread between the pharmaceutical companies and the underdeveloped states. TRIPS has endeavoured to convey the two sides together by leting extensions to drugs’ patents but has besides allowed some compulsory licensing.

Article 3 ( a ) under the TRIPS Agreement states that intervention of all members must be equal. but Article 3 ( B ) is a get-out clause and Article 4 ( B ) states that all members are equal. unless an …agreement was entered into before the WTO understanding. However. the Council for TRIPS must be informed of any non-observance of Article 3 ( a ) under Article 3 ( B ) .

The TRIPS Agreement ensures that members discharge their committednesss to the World Intellectual Property Organisation ( WIPO ) . Part of the United Nations WIPO was set up in 1974 specifically to direct international pacts and understandings. The Paris Convention on Industrial Property and the Berne Convention on Copyright. two of the major pacts have been brought under the TRIPS umbrella. The former provinces that “members must follow with the duties they have towards each other” and “nothing must stand in the manner of such obligations” . However. as celebrated. there is a get-out clause in instances of exigency which has to be acknowledged by members to the understandings. There is besides an understanding that member states monitor each other for violations.

Most of import in footings of worldwide wellness jobs is Article 67 of TRIPS which states that developed states must help developing states with the development of their rational belongings rights. it states:

“In order to ease the execution of this Agreement developed state Members shall supply. on petition and reciprocally agreed footings and conditions. proficient and fiscal cooperation in favor of developing and least-developed state members”

“Such cooperation shall include aid in the readying of Torahs and ordinances on the protection and enforcement of rational belongings rights every bit good as on the bar of their maltreatment. and shall include support sing the constitution or support of domestic offices and bureaus relevant to these affairs. including the preparation of forces. ”

Programs to help the developing states have already been promoted and are being assisted by the WTO secretariat and WIPO.

  1. TRIPS Agreement in Relation to Medicate

Since most pharmaceutical research and development is carried out in developed states the administrations involved feel that they should be better protected. Most drugs cost 1000000s and take old ages to prove and develop before being allowed onto the market. the industry of course want returns by manner of net incomes on gross revenues. AIDS medicine has been a peculiarly of import discovery since:‘HIV infects an estimated 45 million individuals worldwide”but there are besides“…1. 86 billion instances of infection with mycobacteria tuberculosis”[ 5 ]hence. it is imperative that something be done to assist relieve this type of enduring which. with the of all time turning figure of tourers. should be the concern of non merely those states in which these epidemics are ramping but every state whose boundary lines are unfastened to go from other states.

The TRIPS understanding. presently. seems to mistake on the side of the drugs’ companies. likely because they have such powerful anterooms and are portion of the new global elite of corporations which. harmonizing to Janet Dine. are progressively importing their ain moralss into the underdeveloped states and virtually taking over. making in the procedure an impoverished and unhealthy state. they. the autochthonal population have to take what is offered frequently at less than subsistence rewards and go more dependent on the corporations who have moved into their states in hunt of of all time increasing net incomes.

The money the corporations make from taking over in developing states returns. non to the people of that part. but to their ain states. With revenue enhancement inducements and a population who take any work they can acquire to last at the lowest rates offered. these Corporations appear to be fuelling a crisis in wellness for some of the poorest states in the universe. [ 6 ]

Although The TRIPS understanding does let for compulsory licensing in an exigency. each state must first negotiate with rights’ holders and must utilize those drugs obtained under such a licence merely for the exigency period and non for any commercial addition.

Specific countries. such as South Africa. are traveling through a wellness crisis which needs the drugs already available to better it. nevertheless. in malice of clause 3 ( B ) . they are acquiring no farther frontward in their battle to assist their citizens to get the better of unprecedented decease rates that the epidemics are bring forthing.

In malice of Articles 30/31. which allow for compulsory licensing. the poorest and least developed states are contending against the cost of the usage of patents and the epidemics themselves. Compulsory licensing does non adequately cover the demands of such states in “sub-Saharan Africa since they do non hold installations to fabricate their ain drugs. ” [ 7 ]

Protection of rational belongings is non portion of the civilization of many states. however. the TRIPS Agreement was signed on 15ThursdayApril 1994 by 117 states. The understanding allows rational belongings rights to be “enforced by trade sanctions” [ 8 ] and. although some states were non in complete understanding. international trade is critical to their economic growing so. nevertheless reluctantly. they signed. Inhibitors. which have done much to command AIDS in the West. cost every bit much as $ 10. 000 per caput yearly but international trade is the life blood of developing states therefore they had small pick but to make so. [ 9 ]

4. TRIPS and Developing States

It has been observed that implementing TRIPS Agreement and acknowledging IPR on pharmaceutical merchandises and procedures would ensue in the undermentioned jobs to the developing states [ 10 ] :

  • The minimal 20 old ages protection to the IPR would allow a practical monopoly for a pharmaceutical company over its patented drug and the company would be able to bear down extortionate monetary values on the drugs without competition which in bend would maintain the drug monetary values really high during the period of protection. It is besides non possible to convey any generic equivalent into the market due to the TRIPS Agreement. This would deny the patients cheaper alternate drugs.
  • The merchandise and procedure patents provide for the protection of the merchandise every bit good as the engineering. Under the TRIPS Agreement the states are given the right to do application for the protection of patent rights on drugs for a period widening up to twenty old ages. After the atonement of this period the states can acquire the protection extended for farther periods to the procedures being employed in the industry of the drugs. This no uncertainty creates a monopoly state of affairs on the drugs.
  • Such protection besides throw the domestic pharmaceutical manufacturers in the development states out of market as they have to vie with big transnational pharmaceutical makers which is non possible for little manufacturers in the underdeveloped states who use cheaper generic options. Furthermore such production may non be carried out by them during the 20 twelvemonth protection period.
  • Under TRIPS Agreement patent rights need to be granted irrespective of the fact that the merchandises are imported or domestically manufactured [ 11 ] . This implies that the multinational corporations can provide planetary markets under the monopoly of patent rights even without bring forthing any medical specialties in the development states by merely importing them into the underdeveloped states. There will be no flow of engineering or foreign direct investings into the developing states as envisaged by the WTO

However under Article 66 of the TRIPS the least developed states were allowed to prorogue the application of the commissariats associating to the patents for a period of 10 old ages on specific application. [ 12 ]

5. Exceptions to the Patent Protection of Pharmaceuticals

Parallel importation– connoting that the development counties are allowed to import the drugs from the cheaper markets for resale in their several states and thereby lower the monetary values of drugs.

Compulsory licensing– under compulsory licensing strategy. the authorities moving through the tribunals of jurisprudence is empowered to supply a licence in favour of a 3rd party. Such licence may be granted by the authorities even without the anterior consent of the licence holder. However the compulsory licensing can be resorted to in instances of national exigencies. The licence may besides be obligatorily transferred to a 3rd party in instance of an highly emergent state of affairs or where there are fortunes connoting any anti-competitive motions by the makers. The compulsory licensing is resorted to by the authoritiess to do the drugs easy available to the hapless and destitute people at low-cost costs. It besides ensures that the patent holder is provided equal compensation for usage of the patent.

6. Public Health in South Africa and the Impact of TRIPS Agreement

The demand for cheaper drugs in South Africa can non be undermined. The impact of AIDS in the state poses the state of affairs of an utmost exigency coercing the execution TRIPS. The economic system of South Africa is likely to acquire affected by a decrease of 1 per centum every twelvemonth because of the work force acquiring disintegrated. It is estimated that the life anticipation would be lowered to 50 old ages in 2010 from 70 old ages presently. These menaces to the economic system and population growing would as good be a menace to ‘peace and order’ state of affairss in the state of South Africa [ 13 ] .

In this context all the jobs enumerated above for the developing states have been faced by South Africa besides. In add-on when the authorities wanted to implement the Medicines and Related Substances Control Bill. the US Government vehemently objected to the passing of the jurisprudence which allowed for parallel importation and compulsory licensing. However amidst batch of force per unit area on the authorities and the Parliament the South African authorities enacted the jurisprudence in the twelvemonth 1997. The pharmaceutical anteroom backed by the multinational companies in the South Africa non merely filed a suit against the announcement of the jurisprudence but besides indulged in dialogues and menaces to the authorities to alter its base.

The force per unit area was intense after the twelvemonth 1997 when the South African authorities tried to implement a figure of policy steps to take down the monetary values of drugs used in public wellness. “The SA policies have focused on such issues as compulsory generic drug permutation. limitations on inappropriate selling attempts. enrollment of generic versions of the malignant neoplastic disease drug Paclitaxel ( sold as Taxol by Bristol-Myers Squibb ) . parallel-imports. and mandatory licensing” [ 14 ] .

It may be noted that despite Article 31 of the TRIPS Agreement that provides for the parallel importation and compulsory licencing the multinational pharmaceutical companies have vehemently opposed the efforts by developing states like South Africa taking steps for implementing parallel importation and compulsory licensing as these patterns would let these states to hold their demands of the medical specialties at cheaper monetary values which in bend would impact the net incomes of these multinational companies [ 15 ] .

It was after the intercession of the AIDS militants and wellness militants that US came to an apprehension in the issue. The authorities of South Africa insisted that it retains all the original commissariats supporting its place be retained. The authorities besides wanted to do the fullest usage of compulsory licensing and analogue importation which were considered as detrimental to the involvements of the American Transnational Companies [ 16 ] .

  1. How American Corporations Control the Business World

A- Business anterooms:

Large and little concerns in the United States have been organised into assorted associations. for illustration Business Round Tables are national Associations which include rank of the Chief Executive Officers ( CEOs ) of all the most of import trans-national companies and the National Chamber of Commerce includes all sizes of houses. [ 17 ]

Round Tables have been in being since 1972. the first was formed by forty-two of the ( so ) biggest and most of import U. S. companies including Bankss. retail merchants. Insurance. conveyance and most of the utilities’ companies. They were designed to enable concern to continue without the destructive competitory footing of the concern universe. They were described as:

“An association of main executive officers who examine public issues that affect the economic system and develop places which seek to reflect sound economic and societal rules. … the Roundtable was founded in the belief that concern executives should take an increased function in the go oning arguments about public policy. ” [ 18 ]

The raison d’etre for these houses was the thought that ‘what of all time is good for concern is good for the American people’ . They argued that. employees. buyers. providers etc all have an involvement in a concern. These associations. they say. stand for a cross subdivision of the American populace. [ 19 ]

The thought that ‘what is good for concern is good for America’ is obviously nonsensical since most people are in fact excluded from any rights in this elect universe. Employees have small or no say in the running of their houses and consumers must pay the monetary values asked. they do have the right ‘not to buy’ which is a slightly negative position of the procedure of inclusiveness.

David C Korten says that most of the ranks of the Round Tables are confined to white males over the age of 50 whose wages are tremendous. They do non. as claimed. see that what is good for concern is good for America but instead endeavour to maximize their ain net incomes and those of their stockholders by seeking to globalize in countries where they can hold an about free manus to transport out their concern patterns about unhampered by the Torahs of any state they move into. [ 20 ]

Free Trade has long been an ideal of the American Corporate universe which is why the Round Tables campaigned smartly for the North American Free Trade Agreement ( NAFTA and created USA-NAFTA to look their involvements. the American populace. nervous at so much control in so few custodies. have been given country-wide cover confidences through the media. In malice of the fact that NAFTA was supposed to be a truly wide church of involvements it is truly portion of the elect Round Table Associations and has many representatives on consultative commissions.

The state might hold been even more nervous if they had realised that at the clip of the creative activity of these Round Tables the major companies were in fact puting aside their competitory differences to “reach a consensus on issues of societal and economic policy for America” . [ 21 ]

B- Influence of U. S. Democracy

Janet Dine claims “no individual thought is more profoundly embedded in modern civilization than the belief that economic growing is the key to run intoing most of import human demands. including relieving poorness and protecting the environment” [ 22 ] which accounts for the greatest growing country in Washington being public dealingss houses. These houses work hard to protect the images of their corporate clients against a lifting tide of discontent which is now attesting itself throughout the universe. It could be thought that they are contending a losing conflict but “the top 50 public dealingss houses billed over $ 1. 7 billion dollars in 1991” [ 23 ] which gives rise to the inquiry. why are these PR houses so necessary?

There is likely no individual reply to this inquiry but really small intelligence is given straight to the populace without some corporate employee looking at the consequence it will hold. intelligence and advertisement. harmonizing to Korten. are about synonymous. [ 24 ]

The political system of America has greatly changed in the station war period of more general richness. The Democratic party has lost its basic individuality the party of the people – as opposed to the Republicans who have ever represented concern and the wealthier side of the electorate – this being so the Democrats are far more dependent on the demand to raise financess for their bell ringing and have turned to the corporations who necessarily want quid pro quo for their contributions.

The mass media are to a great extent behind the elitist values of corporate America and the sum they are able to pay to PR houses to set across an highly nonreversible policy and both the taking parties necessitating the fiscal backup of corporate America. this. says David C Korten. “This is the regretful province of American democracy” . [ 25 ] He says that electors tend to be seen as a inactive homogenous mass of possible clients who can be told non merely what to purchase but besides what to believe and experience. What is worse. this thought of corporations is distributing. many trans-national companies rely to a great extent on the corporate idealism of what is good for them is good for the people they sell to. Mexico and Japan both use those same American houses to state their populations what they should believe and experience and finally what they should purchase.

C- American Democracy for Sale:

“The Mexican authorities spent upwards of $ 25 million and hired many of the taking Washington lobbyists to back up its run for NAFTA. … Nipponese corporations were passing an estimated $ 100 million a twelvemonth on political lobbying in the United States and another $ 300 million edifice a countrywide grassroots political web to act upon public opinion” . [ 26 ]

Canada. Britain and the Netherlands’ authoritiess employ public relations’ houses in America to assist them buttonhole and outline Torahs that will be favorable to the concern elites in their ain states.

These companies try to sell the thought of ‘corporate libertarianism’ [ 27 ] which is supposed to still the frights of those who have an thought that all is non good in the corporate universe of concern. it is possible to claim that these corporations are in fact in the act of ‘taking over the world’ and with the resources stacking up behind them it could good go on in the non excessively distant hereafter.

  1. The United States and Higher Levels of Protection.

To add to this subject of a universe take-over by corporate America. the signers to TRIPS hold begun to rethink rational belongings protection. [ 28 ] This is bad intelligence for those under-developed states which rely on drugs from the western universe to protect their citizens from harrying epidemics. Rosalyn S Park says:

“Poor. developing states have been most affected by the patent protection Torahs and ensuing high drug monetary values. yet these states besides harbor the highest figure of HIV-positive people. Consequently. the huge bulk of people in demand of HIV/AIDS medical specialties merely can non afford them” . [ 29 ]

In 2006 new protection Torahs will come into force which all members must adhere to. This will hold a annihilating consequence on the 1000000s of people in states excessively hapless to hold their ain drugs’ concerns. they will go more reliant upon those better protected. developed states doing huge net incomes from the states least able to pay.

Neither the USA nor the European Union appear greatly interested in helping those states with the greatest demands and the least ability to pay. True grants have been made as respects agricultural and textile grants but this has been at the cost of leting higher belongings rights which is a swings-and-round-a-bouts state of affairs. It would be much more utile to South Africa specifically and to the developing universe in general. if the costs of patented drugs could be either convey down or. as a common sense gesture of good will. extinguish wholly until such clip as the AIDS epidemic was at least brought down to manageable proportions.

In malice of “several different types of drugs on the market which help combat AIDS and AIDS related illnesses” [ 30 ] non plenty are acquiring through to the developing states as the multinationals are still take a firm standing on non merely the position quo as respects rational belongings rights but even higher degrees. [ 31 ] They appear to be driven merely by the net income motivation and the sensed necessity for free trade paying small attending to the agony caused in the underdeveloped universe. Nor are they taking a long term position. extremely contagious diseases are rife in the underdeveloped universe. therefore. with the modern freedom of travel. no state can of all time be safe from the same epidemics. Even with modern drugs to battle them. new strains will develop. new drugs will hold to be found and costs will intensify.

Drugs now exist which allow people with AIDS to populate a reasonably normal life including returning to work. it would in fact be in the involvements of the drugs’ companies to let South Africa to utilize them. dead people have no usage for drugs nor anything else that the multi-nationals may wish to sell them.

  1. Decision

The TRIPS Agreement was a milepost in patent protection of rational belongings rights and was considered to be a fiscal precaution for research investing. nevertheless. it besides had the consequence of pricing some pharmaceuticals out of the range of many states most in demand of the most late patented medical specialties. Before the TRIPS understanding. authoritiess had been able to do compulsory license orders to bring forth drugs at lower monetary values in their ain states. after the understanding. although still possible. it is much more hard and therefore more hard to protect their citizens from the epidemics which are bringing mayhem in their states.

It is of import to protect rational belongings rights but it is far more of import to protect people’s lives but the balance currentlppears to be mostly towards the greater protection of pharmaceutical industries.

TRIPS allows compulsory licensing and parallel pricing but developing states such as South Africa are being prevented from utilizing them because of the menace of trade countenances and trade is critical to their economic systems.

It is necessary to protect peoples’ work and investing and research must be encouraged particularly into dangerous diseases. Corporations who invest clip and money into bring forthing drugs to get by with these flagellums should harvest the wagess of their labor. However. many drugs’ companies are seeing such tremendous returns on their investings that grants should be made to developing states which so urgently need the medicines produced by these immense giants of industry. In malice of grants in the TRIPS understanding. corporations do look to be protected at the disbursal of people’s lives.

Public wellness should be and is a precedence in the West where authoritiess can afford to purchase the wellness of their citizens. Unfortunately. this is non the instance in the poorer. less developed states where authoritiess are fighting to happen ways to entree drugs and yet to keep a healthy trading relationship with the states which hold the patents to these drugs.

Good wellness is the basic right of every citizen of every state wherever possible. More good will is necessary on the portion of the western universe and America in peculiar to let compulsory licensing and parallel pricing to be used without the menace of trade countenances. Epidemics do non esteem boundary lines. they can be carried by people to all corners the universe. what was a 3rd universe job yesterday is our job today. universe wellness is an issue that no state can disregard hence although corporations must be allowed just returns on their investings it must non be at the disbursal of universe wellness.

It is rather evident that TRIPS Agreement has non taken into history the public wellness demands of the developing states while explicating the clauses associating to the protection of IPR in regard of pharmaceutical demands. The Agreement has non specified any peculiar duties towards those authoritiess allowing the IPR for pharmaceutical merchandises. The Agreement has besides non considered the demand for public wellness in the development states and grossly ignored the involvements of the patients of these states.

There are a figure of factors that the developing states have to take into history including the deduction of the TRIPS Agreement and the patent protection under the Agreement in the proviso of medical installations and equal public wellness to the people of the several development states. “At the terminal of the twenty-four hours it must be recognized that the poorer occupants of the world’s least flush states can non pay even the fringy cost of drugs that might salvage their lives or allow them to go productive workers” [ 32 ] .

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[ 1 ] United Nations ( 2004 ) Report on the Global AIDS Epidemic. Geneva: United Nations

[ 2 ] Ross Brennan and Paul Baines ( 2005 ) ‘Is there a morally right monetary value for anti-retroviral drugs in the underdeveloped world’ Business Ethical motives: A European Review Vol. 15 No 1 P 32

[ 3 ] Conceicao Soares ( 2007 ) ‘The HIV/AIDS crisis and corporate moral duty in the visible radiation of the Levinasian impressions of propinquity and the Third’ Business Ethical motives: A European Review Vol. 16 No 3 P 280

[ 4 ] World Wide Web. World Trade Organization. org ( Frequently asked inquiries about TRIPS in the WTO ) .

[ 5 ] Duane Nash. “…VI. Foreigh & A ; International Law South Africa’s Medicines and Related Substances Control Amendment Act of 1997” 15 Berkeley Tech. L J. 485 ( lexis )

[ 6 ] Janet Dine. The Governance of Corporate Groups. Cambridge University Press. 2000. p. 157

[ 7 ] John A. Harrelson. “ IV. Note: Trips. Pharmaceutical Patents. and the HIV/AIDS Crisis: Finding the Proper Balance Between Intellectual Property Rights and Compassion” 7 Wid. L. Symp. J. 175 ( lexis )

[ 8 ] Ibid

[ 9 ] Ibid

[ 10 ] Z. Mirza ( 1999 ) ‘WTO/TRIPS. pharmaceuticals and wellness: impacts and strategies’ . The Network’s Drug Bulletin. Sept-Dec 1999. Vol. 8. No. 5/6. Association for Rational Use of Medication in Pakistan P 27

[ 11 ] Medecins sans Frontieres ( 1999 ) Access to HIV/AIDS medical specialties in Thailand. Medecins sans Frontieres Report to the National AIDS Committee of Thailand. August 1999. MSF web site. World Wide Web. accessmed-msf. org/msf/accessmed/accessmed. nsf/html/4DTS2? Open Document. p1

[ 12 ] Fact Sheet ‘Developing Countries’ Transition Periods’

& lt ; hypertext transfer protocol: //www. World Trade Organization. org/english/tratop_e/trips_e/factsheet_pharm04_e. htm # pharmsandags & gt ; p1

[ 13 ] Kara M. Bombach ‘The South African Medicines and Related Substances Control Amendment Bill and TRIPS’

hypertext transfer protocol: //academic. udayton. edu/health/06world/africa01. htm p1

[ 14 ] Patric Bond ‘US Policy toward South Africa and Access to Pharmaceutical Drugs’ Alternative Information and Development Centre & lt ; hypertext transfer protocol: //www. aidc. org. za/ ? q=book/view/156 & gt ; p1

[ 15 ] Louise Sylvan ‘TRIPS: Protecting Intellectual Property or Puting Net incomes Before People’ Online Opinion

& lt ; hypertext transfer protocol: //www. onlineopinion. com. au/view. asp? article=1968 & gt ; p1

[ 16 ] N. B. Zaveri ( 1999 ) ‘Success frequently comes to those who dare and act’ . paper presented at Brainstorming Workshop on WTO Agreements and People’s Concerns. New Delhi. Oct/Nov 1999 p1

[ 17 ] David C Korten.When Corporations Rule the World.Earthscan Publication Ltd. London. p. 144

[ 18 ] Ibid

[ 19 ] Ibid

[ 20 ] David C Korten.When Corporations Rule the World.Earthscan Publication Ltd. London. p. 144

[ 21 ] Ibid

[ 22 ] Janet Dine. The Governance of Corporate Groups. Cambridge University Press. 2000. p. 156

[ 23 ] David C Korten.When Corporations Rule the World.Earthscan Publication Ltd. London. p. 146

[ 24 ] Ibid

[ 25 ] David C Korten.When Corporations Rule the World.Earthscan Publication Ltd. London. p. 147

[ 26 ] Ibid

[ 27 ] David C Korten.When Corporations Rule the World.Earthscan Publication Ltd. London. pp. 147-148

[ 28 ] Rosalyn S Park. The International Drugs Industry: What the Future Holds for South Africa’s HIV/AIDS Patients. Minnesota Journal of Global Trade. 2002. p. 1

[ 29 ] Ibid

[ 30 ] Rosalyn S Park. Minnesota Journal of Global Trade. 2000. p. 2

[ 31 ] J H Reichman. The TRIPS Agreement Comes of Age: Conflict or Cooperation with the Developing States? P. 6

[ 32 ] F. M. Scherer and Jayashree Watal ‘Post-Trips Options for Access to Patented Medicines in Developing Nations’

Journal of International Economic Law ( 2002 ) P 939