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JIPR Vol.17 [2012] >
JIPR Vol.17(3) [May 2012] >
| Title: | Is there a Need to ‘Substantially Modify’ the Terms of the TRIPS Agreement? |
| Authors: | Vaish, Varun
Haji, Mustafa |
| Keywords: | TRIPS
Traditional knowledge
Access to medication
Transfer of technology
CBD
Bio Piracy |
| Issue Date: | May-2012 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | The TRIPS Agreement
is no stranger to controversy and since its inception has been subject to harsh
criticism and calls for modification. The task of defending the TRIPS
Agreement, particularly from the point of view of an observer from a third
world country is, therefore no mean feat. This article focuses on four major
fields where a substantial modification of the TRIPS is being debated and
suggests that in light of the recent decisions of the TRIPS Council, the
special and differential treatment incorporated, the intrinsic flexibilities
available, and the initiatives undertaken at Doha, ‘substantial modification’
is avoidable. The first issue of focus is traditional knowledge. It is
increasingly felt that traditional knowledge can be protected within the framework
of TRIPS, without a substantial overhaul of its provisions, through a ‘Declaration of Traditional Knowledge and
Trade’. The second area of focus is ‘seed patents’ and rights of farmers
to ‘save seeds’. This area is in line with the larger debate on bringing the
TRIPS into conformity with the Convention on Biological Diversity in order to
prevent bio-piracy. This segment is concluded with a discussion on how India
has incorporated in its local laws the flexibility available inherent in TRIPS.
The third area deals with
transfer of technology and whether there exists a need for the TRIPS to be
reworked to ensure stricter compliance of developed countries to the relevant
obligations already listed in the TRIPS. The fourth and final area of focus is
the impact of TRIPS on ‘access to medication’ brought to light by campaigns
carried out by organizations such as the Third World Network and Health Action
International in view of the ongoing struggle for access to HIV medication
throughout the world, particularly in South Africa. |
| Page(s): | 195-208 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.17(3) [May 2012]
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