comment-reichman-access to medicines

//INTEGRAS/CUP/3-PAGINATION/IPG/2-FIRST_PROOF/3B2/0521841968COM17.3D – 481 – [481–492/12] 1.12.2004 4:10AMCOMMENTARY IComment: access to essential medicines – promotinghuman rights over free trade and intellectual propertyclaimsHEINZ KLUG*1. IntroductionOver the past five years, there has been an intense international debate, negoti-ations at the World Trade Organization (WTO) and a variety of political and legalstruggles in various jurisdictions over access to affordable medicines in developingcountries. Until recently, the debate focused on the ability of the existing medicalinfrastructure to address the HIV/AIDS pandemic; but more recently the focus hasshifted to questioning whether the heightened patent protection of the TRIPS1Agreement allows countries sufficient flexibility to deal with domestic health2crises. This question has been increasingly driven by the impact of the globalHIV/AIDS pandemic and the threat it poses to economic and political stability,3particularly in Africa, andithasmotivatedtwonewWTOagreements–atDohaand just before Cancun – aimed at providing flexibility under the terms of the4TRIPS Agreement. Most recently, the World Health Organization (WHO), whichhas been on the forefront of these negotiations, declared that the ‘‘failure to deliver* Henry Klug is Professor, University of Wisconsin Law School.1 Agreement on Trade-Related Aspects of Intellectual Property Rights, 15 Apr. 1994,Marrakesh Agreement Establishing the World ...