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TRIPS: ISSUES

TRIPS and public health

Events and briefing on Trade-Related Aspects of Intellectual Property Rights, patents, and pharmaceuticals and public health — including discussions in the WTO’s TRIPS Council.

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TRIPS and pharmaceuticals: fact sheet
A basic explanation, with extracts of the legal text. You can browse the fact sheet or download in Word format or in pdf format and print it.

Frequently asked questions: compulsory licensing of pharmaceuticals and TRIPS

Pharmaceutical patents and the TRIPS Agreement
A more technical explanation.

Official texts back to top

The WTO Members have adopted the following instruments on TRIPS and public health:

• 2001: Paragraph 17 of the main Doha Declaration, adopted on 14 November 2001 by the Fourth WTO Ministerial Conference, Doha, Qatar.
    
• 2001: Declaration on the TRIPS Agreement and Public Health, adopted on 14 November 2001 by the Fourth WTO Ministerial Conference, Doha, Qatar.
    
• 2002: Decision on the Extension of the Transition Period under Article 66.1 of the TRIPS Agreement for Least-Developed Country Members for Certain Obligations with Respect to Pharmaceutical Products, adopted by the TRIPS Council on 27 June 2002. This Decision implements the second and third sentences of paragraph 7 of the Doha Declaration on the TRIPS Agreement and Public Health.  Least-developed countries will not have to protect pharmaceutical patents and test data until 1 January 2016.
    
• 2002: Decision on Least-Developed Country Members — Obligations Under Article 70.9 of the TRIPS Agreement with Respect to Pharmaceutical Products, adopted by the General Council on 8 July 2002. This Decision was also taken with a view to ensuring attainment of the objectives of paragraph 7 of the Doha Declaration on the TRIPS Agreement and Public Health. It says least-developed countries will not have to give exclusive marketing rights to pharmaceuticals that are subject of a patent application until 1 January 2016.
    
• 2003: Decision on the Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, adopted by the General Council on 30 August 2003. This “waiver” removes limitations on exports under compulsory licence to countries that cannot manufacture the pharmaceuticals themselves. This Decision was adopted by the General Council in the light of a statement read out by the Chairman.
    
• 2005: Decision on the Amendment of the TRIPS Agreement, adopted by the General Council, 6 December 2005. The decision adopts a Protocol of Amendment that is open for members to accept. The amendment itself will come into force after two thirds of members have accepted it, and will replace the August 2003 decision, as instructed in Paragraph 11 of that text. The decision was adopted in the light of a statement read out by the chairperson, who also read out a statement on “non-violation” complaints.
  > How many members have accepted the amendment?
    
• 2005: Hong Kong Ministerial Declaration Paragraph 40 on TRIPS and Public Health
   
• 2007: Decision to extend deadline for accepting TRIPS Agreement amendment
    
• 2009: Decision to extend deadline for accepting TRIPS Agreement amendment

External links back to top
The WTO is not responsible for the content of external websites.

• World Health Organization (WHO): Public Health, Innovation and Intellectual Property

• World Intellectual Property Organization (WIPO): Intellectual Property and Public Health

• World United Nations Conference on Trade and Development (UNCTAD): Building local pharmaceutical production / supply capacity

• Global Fund to Fight AIDS, Tuberculosis and Malaria (GFATM): Price and Quality Reporting Database