TRIPS and Access to Affordable Drugs

Abstract

It is a well-recognised fact that many modern medicines, largely discovered and developed by the pharmaceutical industry are in general unaffordable to the majority of patients in economically backward, developing countries. Since they constitute around 75 per cent of the world’s population, it is a matter of great concern for the future of healthcare itself, if for the majority of world’s population, access to medicines, which are patent protected, is denied. Problems of access to medicines are related to the problems of non-availability of disposable income among the population to meet their medical needs as well as the high and unaffordable prices of drugs.<br><br> The issue that is now being debated is the impact of the TRIPS Agreement on the availability and affordability of much needed medicines for the poorer populations of the world and if there is indeed a negative impact, what are the possible modalities to reduce that impact and make drugs cheaper for deserving populations and developing countries? <br><br> Between the flexibilities available in TRIPS Agreement and the Doha Declaration on Public Health, can Member Countries through appropriate legislative and administrative measures, safeguard the interests of their poor populations? Can governments in developing countries bring in appropriate legislations to ensure equitable access to medicines much like the Patient Protection and Affordable Care Act of Barack Obama approved by the US Congress in March 2010?