The elevation of the legal protection of intellectual property to the realm of international trade, via the TRIPS Agreement, accentuated the classic conflict between innovation and access, especially in the pharmaceutical and medical areas. A revolution was triggered in the informal transfer of technology and compulsory licensing. The WTO Law, guided by the principle of general elimination of quantitative restrictions, traditionally legitimizes barriers to trade, against the logic of the WTO, as measures to protect public health. In contrast, the Doha solution, converted into an Amendment to the TRIPS Agreement under Article 31bis, was the response to the protectionism treasured in the WTO Law itself. There is a significant skepticism about Article 31bis of the TRIPS Agreement, which is at the heart of the controversy. Its use is noted only once. Public Health, combined with trade, is increasingly performed on a global scale. The WTO Law, while encourages global medical innovation, houses a valuable route of access to medicines and other medical technologies that cannot be abandoned by the international community.
| Date of Award | 21 Sept 2020 |
|---|
| Original language | Portuguese |
|---|
| Awarding Institution | - Universidade Católica Portuguesa
|
|---|
| Supervisor | Manuel Fontaine Campos (Supervisor) |
|---|
- World trade organization law
- TRIPS agreement
- Intellectual property
- Patents
- Compulsory licensing
- Doha declaration on the TRIPS agreement and public health
- Decision on the implementation of paragraph 6 of the Doha declaration on the TRIPS agreement and public health
- TRIPS amendment
- Article 31bis
- Access to medicines and medical technologies
- Human right to health
- Waiver
Da liberalização do comércio ao encorajamento da inovação médica pelo direito da organização mundial do comércio: o acesso a medicamentos e outras tecnologias médicas à luz do acordo TRIPS
de Oliveira Andrade, C. (Student). 21 Sept 2020
Student thesis: Master's Thesis