Abstract

Worldwide property right of pharmaceutical medicine has been protected by 1995 WTO/TRIPs Agreement. However, disparities in access to treatment raise worrisome issues of equity. Since 1996, in the developed world, HIV/AIDS has become akin to other treatable chronic illness. however, in the developing and least-developed world, its remains a deadly plague. Differential investment in HIV/AIDS prevention and treatment program mirrors these disparities. While there is no provision that specifically refers to "right to pharmaceuticals," the right to health is firmly grounded in the implications of several international human rights instruments. The public health issue relating to the pharmaceutical patent system was discussed in Doha round. Given the pressure by Third World nations and AIDS activities, in November 2001, the WTO Ministerial Conference issued a Declaration clarifying the sovereign power of Third World to use the flexibility already built into the TRIPs Agreement. Upon the request to find an expeditious solution for effective use of compulsory licensing under the TRIPs Agreement, on August 30, 2003, parties have reached an agreement. After 2003 decision, on December 6, 2005 WTO members agreed on an amendment to TRIs to make the temporary waiver permanent. This General Council decision is the first amendment of the WTO Agreement.