Resumen

CASTRO RIBEROS, MIGUEL  y  ACOSTA-MADIEDO, CAROLINA DEIK. PUBLIC HEALTH, PATENTS ON PHARMACEUTICAL PRODUCTS AND COMPULSORY LICENSES IN THE TRIPS FROM A THIRD-WORLD PERSPECTIVE. Int. Law: Rev. Colomb. Derecho Int. [online]. 2008, n.13, pp.165-214. ISSN 1692-8156.

This paper analyses the current WTO regulation on patent protection and compulsory licensing, focusing in the access to pharmaceutical products in national emergencies caused by health crisis in countries with insufficient or no manufacturing capacity in the pharmaceutical sector. The applied methodology consists in investigating the provisions of TRIPS Agreement, the DOHA Declaration and the System created with the Decision of August 30, 2003. In that order, the obstacles of the System will be identified; and a solution that allows an efficient use of the exporting and importing Compulsory Licensing of pharmaceutical products System, will be proposed. Finally, it will be found that by using the interpretative tools of International Law, alternatives to those obstacles may arise, permitting the System to effectively respond to the humanitarian expectations of developing and less developed countries, as well as to the economic rights of patent holders.

Palabras clave : Patents; Compulsory License; Pharmaceutical Products; Public Health; TRIPS.

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