How does the industrial property bill being drafted in Namibia comply with the provisions of the agreement on trade related aspects of intellectual property with reference to public health issues and access to essential medicine?

Abstract

Abstract provided by author:

Issues relating to the TRIPs Agreements approaches on public health and access to essential medicines will be canvassed. Finally a brief overview of the Industrial Property Bill currently being drafted in Namibia will be given, with emphasis on the provisions relating to public health issues and access to essential medicines

The research is triggered by some parts of the Declaration on the TRIPS agreement and public health (Doha Declaration), which provides for the recognition of the gravity of public health problems that afflict many developing and least-developed countries, especially those resulting from HIV/AIDS, and other epidemics (paragraph 1); the recognition that intellectual property protection is important for the development of new medicines (paragraph 2); the recognition that intellectual property protection is important for the development of new medicines (paragraph 3) [sic]; the fact that the agreement was reached that TRIPs does not and should not prevent members from taking measures to protect public health

The agreement should be interpreted and implemented in a manner supportive of WTO members' right to protect public health and to promote access to medicines for all (paragraph 4) and the recognition of flexibilities under TRIPs relating the granting of compulsory licenses and the freedom to determine the grounds upon which such licenses are granted, and that members are given rights to determine what constitutes a national emergency or other circumstances of extreme urgency (paragraph 5)

Developing countries concerns with regard to public health issues were triggered by the conviction that the TRIPs Agreement should not prevent members from adopting measures necessary to ensure access to medicines and to satisfy other public health needs and also to ensure that the Agreement does not undermine the legitimate right of WTO members to formulate their own public health policies and clarifications providing for compulsory licensing, parallel importation and production for export to a country with insufficient production capacity