"The use of flexibilities in TRIPS by developing countries: can they promote access to medicines?"

Sisule Musungu, South Centre
Cecilia Oh, World Health Organization

This study was commissioned to: (1) examine the extent to which the flexibilities contained in the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) have been incorporated into the legislation of developing countries and the extent of the actual use for public health purposes; (2) review the stated trade policies of major industrialized countries, particularly the United States (U.S.) and the European Union (E.U), vis-à-vis developing countries to determine whether these take adequate account of the public health priorities of developing countries; and (3) examine the practical effect and implications of recently concluded bilateral and regional free trade agreements (FTAs) for public health protection in developing countries. The study has been compiled based on existing literature and other available evidence.