The DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH 2001 affirmed that:
ATRIPS overrides all public health measures of WTO Members in every case (cf. Doha Declaration on the TRIPS Agreement and Public Health 2001; WTO General Council Decision 30 August 2003) (cf. Doha Declaration on the TRIPS Agreement and Public Health 2001; WTO General Council Decision 30 August 2003)
BTRIPS does not and should not prevent Members from taking measures to protect public health, including compulsory licences and parallel imports — each Member has the right to determine 'national emergency' or 'other circumstances of extreme urgency'
Ccompulsory licences are prohibited for pharmaceutical products globally (cf. Doha Declaration on the TRIPS Agreement and Public Health 2001; WTO General Council Decision 30 August 2003) (cf. Doha Declaration on the TRIPS Agreement and Public Health 2001; WTO General Council Decision 30 August 2003)
DTRIPS imposes uniform patent prices on all Member countries (cf. Doha Declaration on the TRIPS Agreement and Public Health 2001; WTO General Council Decision 30 August 2003) (cf. Doha Declaration on the TRIPS Agreement and Public Health 2001; WTO General Council Decision 30 August 2003)
Answer & Solution
Correct answer: B. TRIPS does not and should not prevent Members from taking measures to protect public health, including compulsory licences and parallel imports — each Member has the right to determine 'national emergency' or 'other circumstances of extreme urgency'
1. The Doha Declaration on TRIPS and Public Health was adopted at the 4th WTO Ministerial Conference in Doha on 14 November 2001.
2. Paragraph 4: 'TRIPS does not and should not prevent Members from taking measures to protect public health.'
3. Paragraph 5(b): Each Member has the right to grant COMPULSORY LICENCES and the freedom to determine the grounds upon which such licences are granted.
4. Paragraph 5(c): Each Member has the right to determine what constitutes a national emergency or other circumstances of extreme urgency.
5. WTO General Council Decision of 30 August 2003 allowed export of pharmaceuticals under compulsory licence to countries with no manufacturing capacity (implemented in India through Section 92A Patents Act 2005).
6. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Doha Declaration on the TRIPS Agreement and Public Health 2001; WTO General Council Decision 30 August 2003_
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