The WTO, Intellectual Property Rights, and the Access to Medicines Controversy

Publication Date: March 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Law and ethics; Manufacturing and industry; Trade

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Abstract:

On August 30, 2003, World Trade Organization (WTO) negotiators agreed to enable developing and least developed countries to access medicines to fight public health epidemics such as HIV/AIDS, tuberculosis, malaria, and other infectious diseases within the context of the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement. The WTO Decision will allow poor developing countries to issue a compulsory license to a third-country producer to manufacture generic drugs at an affordable price. The accord reflects contentious issues in the negotiations including the scope of diseases, country eligibility, and diversion safeguards. Some have questioned the economic utility of issuing compulsory licenses. This report will be updated as necessary.