Trips Agreement Hiv

May 29-31, UNAID and UNDP Asia-Pacific regional offices, as well as representatives of government agencies, the UN, civil society and universities from nine countries in the region (Cambodia, China, India, Indonesia, Malaysia, Myanmar, Philippines, Thailand and Vietnam) were brought to Bangkok to discuss the impact of intellectual property and free trade agreements on access to antiretroviral treatment. A new UN/DESP document on the verge of being highlighted highlights the potential impact of free trade agreements on public health. The letter concludes that “to obtain the benefits of THE flexibility of TRIPS, countries should avoid entering into free trade agreements that contain obligations that may affect drug prices or availability.” It also recommends that, if such commitments have already been agreed, efforts should be made to mitigate the negative effects on access to treatment by using the remaining available public health flexibilities. For this reason, in the first part, this essay will focus on the minimum global standard of intellectual property protection established in the 1995 TRIPS agreement with respect to patent rules, as well as theoretical arguments supporting the inclusion of stricter intellectual property provisions in recent trade agreements. As a result, this trial will challenge these arguments by providing evidence that trips Plus rules are largely justified for profit and pose a serious threat to public health in developing countries, as they reduce access to basic HIV treatment by delaying the entry of cheaper generic drugs into markets and resulting in significant price increases for drugs in the domestic market. This dissertation will conclude that the theoretical justifications for supporting the provisions of TRIPS Plus may in part be considered appropriate, but once applied to the reality of international trade, they tend to reveal their shortcomings. This is why the integration of trips Plus provisions in recent trade negotiations serves primarily as a strategic instrument in the hands of developed countries to avoid competition with cheaper generic drugs produced in developing countries, but this is at the expense of developing countries` ability to access affordable antiretroviral treatment for HIV treatment. The TRIPS agreement covers broad areas of intellectual property, including provisions relating to “copyright, trademarks, geographical indications, industrial designs, patents, integrated circuit designs and undisclosed information, including trade secrets” (World Trade Organization, 2020). This essay will focus in particular on the field of intellectual property, which deals with patent rules. This article, which offers the possibility of extending the duration of a patent holder`s exclusive right beyond its invention beyond the 20 years provided for by the TRIPS agreement, has a significant impact on Vietnam`s ability to access affordable medicines, since patent protection implies that a creation cannot be manufactured, imported or sold commercially without the consent of the patent holder. The agreement sets a minimum global standard for patent regulation, which must be met by Member States. Indeed, the agreement only stipulates that patents must be granted for new, inventive and useful processes and products, so that members have the right to decide whether a new formulation of a drug or a new combination of existing molecules deserves a new patent (Doctors Without FrontiĆ©res Campaign Access, 2020).