A Study of Health-Related Flexibilities in International IP Framework and Patent Law in Pakistan

Abstract

From a public health perspective, WTO Agreement on Trade-Related Aspect on Intellectual Property has flexibilities those were further enhanced and elaborated under Doha Declaration. Member States can take benefit with incorporation of such measures in national legislation to ensure availability and accessibility to medicines on affordable prices. A study was carried out on opportunities and limitations of the states in this regard wherein a comparison of few developing countries legislations on patent was also undertaken with focus on law of patent in Pakistan. It has been observed that the widespread ambiguity of policies combined with a lack of national legal and technical expertise is significant problem to meet challenges in access to medicine. An effective cooperation between the various government agencies and institutions with concerted efforts is required nationally and internationally to facilitate the development and access to medicines in developing countries. Consequently, notwithstanding the tentative steps that have been taken in this direction, further clarity and guidance at the international level is required to facilitate the meaningful incorporation of the flexibilities and their use to promote access to medicines