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

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Presentation on theme: "AIDS DRUGS, NATIONAL EMERGENCY & CIPRO Srividhya Ragavan Nat. Academy For Legal Studies & Research."— Presentation transcript:

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

2 Current Realities International National

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

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

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

6 Why did Doha Happen South Africa Thailand Brazil India

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

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

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

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

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

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

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

14 How? Strategy Legal Issues

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

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

17 Legal Perspectives Traditional Economic Rationales of Patent policies Research & Development

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


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