Many developing countries have recently amended their patent laws to comply with adherent standards, increasing the urgency of the potentially negative impact of TRIPS on drug supply and access to medicines. However, recent developments, such as the decision on the implementation of paragraph 6 of the Doha Declaration on the TRIPS agreement and public health, could give developing countries greater freedom to use TRIPS`s SCHUTZ measures to meet public health needs. The TRIPS agreement also contains patent rights provisions for Member States. Articles 8.2, 31, paragraphs k and 40, for example, provide Member States with some flexibility to prevent or remedy anti-competitive practices. Section 30 facilitates early determination of work allowing the limited use of an invention without the permission of the patent holder. Generic drug manufacturers can use this provision to obtain product approval, making it easier to enter the market immediately after the patent expires. Section 31 allows a government to issue a compulsory licence to a third party without the consent of the patent holder, if warranted in the public interest. Mandatory licences allow governments to continue local drug production as a strategy to improve people`s access to essential medicines. Parallel imports, under Section 8.1 of the member and Article 6, are the importation and re-marketing of a patented product in one state without the approval of a patent holder in another market. Its justification is to allow governments and others to “rent” pharmaceuticals internationally, on the basis of the underlying principle that the patent holder was rewarded with the first sale and therefore has “exhausted” rights. Mandatory licences and parallel imports are at the heart of this document. 231 agreements with Australia, Chile and Singapore are in force, while the Bahrain Free Trade Agreement, the Central American Free Trade Agreement (CAFTA) and the Free Trade Agreement with Morocco are signed but are not yet in force. The USTR negotiates a considerable number of other agreements, including with countries in the Andean Community, the Customs Union for Southern Africa (SACU) and Thailand.
The agreements are available on the USTR website, . 278 Vgl. z. . B. Kaiser Health Poll Report, Views on Prescription Drugs and the Pharmaceutical Industry (Jan.-Feb 2005), on the . Ghana has significantly improved its overall health in recent decades: in 2002, life expectancy reached 57 years and the infant mortality rate fell to 56 per 1,000 live births. Despite these improvements, there are serious health problems in the country: about 3.6% of the population is infected with HIV/AIDS, malaria accounts for 40% of outpatient visits and 25% of under-five mortality, and the annual risk of TB infection is about 1 to 2%. High mortality rates, frequent epidemics, unequal access to health services and unequal health effects across the country are also major problems. 109 Bill C-9, An Act to Amend the Patent Act and the Food and Drugs Act (The Jean Chretien Pledge to Africa), R.S.C., c. P-4 (2004) [the Canadian Drug Export Act].
Section 21.02 defines pharmaceutical products that can be exported in accordance with the law by referring to Schedule 1. Section 21.03 provides that the Governor of the Council, on the recommendation of the Minister (head of the Council) and the Minister of Health, may change Schedule 1. The creation of an advisory committee (within three years) on recommendations for changes to the schedule of covered products is planned in point 21.18. The benefits of compulsory licensing for local production or as a bargaining tool depend largely on the presence of appropriate technological and production capabilities and the provision of appropriate human resources.