UN Human Rights Council urges flexibility in intellectual property rights to improve access to medicines
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Author: Intellectual Property Watch
The United Nations Human Rights Council today adopted a resolution urging governments to encourage technology development and transfer and to apply intellectual property rights measures in ways that avoid creating barriers to trade in “affordable, safe, efficacious and quality medicines.” The resolution includes references to IP flexibilities in international trade law and to “delinkage” of R&D costs with the price of health products...Among its numerous provisions, the resolution reinforces countries’ right to use flexibilities to intellectual property rights as provided in the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Access to medicines in the context of the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Author: UN Human Rights Council
The Human Rights Council...Urges States...To promote access to medicines for all, including through the use, to the full, of the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights which provide flexibility for that purpose, recognizing that the protection of intellectual property is important for the development of new medicines, as well as the concerns about its effects on prices;...To apply measures and procedures for enforcing intellectual property rights in such a manner as to avoid creating barriers to the legitimate trade of affordable, safe, efficacious and quality medicines, and to provide for safeguards against the abuse of such measures and procedures;...