AIDS DRUGS, NATIONAL EMERGENCY & CIPRO Srividhya Ragavan Nat. Academy For Legal Studies & Research

Current Realities International National

International Realities - Doha Declaration Protects Public Health & Access to Drugs (Clause 4) Incorporates Flexibilties under TRIPS (Clause 5)

International Realities - Doha Declaration Interpretation of TRIPS vis-à- vis Article 7 & 8 Compulsory Licensing Powers National Emergency Establishing own regimes of Exhaustion

International Realities - Doha Declaration Establishment of Generic Drug Industry (Clause 6) Extension of Time (Clause 7)

Why did Doha Happen South Africa Thailand Brazil India

America’s Reaction to Doha Pre-September 11th Reaction Post War on Terror Reaction

American Reiterating International Trend Anthrax & Effect Price Control By States Florida Maine Rx Program Vermont

National Realities Amendment to Hatch-Waxman Authorizing Parallel Imports from Canada

Effect of the Changes - General International Law’s Direction Legitimization of the generic drug industry The Status of TRIPS as a Treaty

Effect of the Changes - Developing Countries Understanding of TRIPS in Developing Countries Bargaining Power - Anthrax & The war on terror

Effect of the Changes - Developed Countries Loss of Stature Loss of the Trade Sanction stick Loss of Bargaining Power New Focus on Trade Policy

Effect of the Changes - Pharmaceutical Industry Loss of ‘Capitol’ Alteration of Basic Social Contract Market losses

How? Strategy Legal Issues

Pharma Strategy Issues for Developing Countries – Not Patentability Choice for Pharmaceutical Industry

Pharma Strategy Impractical Assumptions –Leading to generic drug industry People’s Reactions Unrealistic Expectations from the Government

Legal Perspectives Traditional Economic Rationales of Patent policies Research & Development

A Future Strategy Strategy Focus –Investments and Relaxation –Indian Computer Industry –Better access leads to less price control – Drug Price Control Order