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AIDS DRUGS, NATIONAL EMERGENCY & CIPRO

AIDS DRUGS, NATIONAL EMERGENCY & CIPRO. Srividhya Ragavan Nat. Academy For Legal Studies & Research. Current Realities. International National. International Realities - Doha Declaration. Protects Public Health & Access to Drugs (Clause 4) Incorporates Flexibilties under TRIPS (Clause 5).

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AIDS DRUGS, NATIONAL EMERGENCY & CIPRO

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  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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